Compromise Sought In 'Bangkok Hospital' Childbirth Lawsuit

[webfact]

COURT

Compromise sought in childbirth lawsuit

The Nation

BANGKOK: -- The Civil Court will on September 3 attempt to broker a compromise in a case in which a Japanese woman has sought Bt82 million in damages from Bangkok Hospital for burns she received from faulty equipment while giving birth.

Mikayo Ito is demanding that Bangkok Dusit Medical Services Plc, the attending physician, Dr Theera Watcharapreechanont; and Covidien (Thailand) Ltd, the importer of the faulty tourniquet machine used during the delivery, jointly pay her damages.

Bangkok Hospital did not charge Ito for the procedure, but she is pressing for damages, alleging in her suit that the wounds she sustained make it painful for her to wear underwear.

Ito's husband, Thai police officer Narong Laosing, who is named as a co-plaintiff, said the third-degree burns his wife suffered were large, measuring 15cm by 30cm and running from under her right breast down to her right thigh; they prevented her from living a normal life. He said Ito had given birth at Bangkok Hospital facilities twice, and, considering the high fees the firm charged, it should have exercised more caution.

None of the three defendants appeared at a session yesterday, claiming they had yet to finish written defence statements, and requesting a compromise settlement.

-- The Nation 2012-07-10

[jaltsc]

"Bangkok Hospital did not charge Ito for the procedure"

Wasn't that nice of them?

[noitom]

Not charging for "the procedure" implies guilt.

[atyclb]

3rd degree burns during delivery. "Amazing" NOOOOOO "ASTONISHING THAILAND"

Never heard of such a case. Typically these law suits are related to alleged poor/incompetent medical/surgical practice that results in harm to the baby or mother.

One cannot help but wonder if kickbacks were involved for faulty equipment at an elevated price? Would like to know the name of the medical device company.

3rd degree are the most severe burns humanly sustainable.

[GentlemanJim]

I cannot envisage this machine at all. What the hell was it that could burn her so badly. I can only assume she had an epidural or something and was unable to feel herself being burned at the time.

[atyclb]

http://www.kendallvasculartherapy.com/VascularTherapy/pagebuilder.aspx?topicID=81189&breadcrumbs=81047:0 just guessing

[atyclb]

I cannot envisage this machine at all. What the hell was it that could burn her so badly. I can only assume she had an epidural or something and was unable to feel herself being burned at the time.

Good point

[atyclb]

Not to mention BAD BAD press for medical tourism and members of the international community.

[Thai at Heart]

Well, I am sure that Coviden has an enormous disclaimer about maintaining equipment properly that gets them off the hook. Presumably, the hospital itself is responsible for making sure that its equipment is in good working order??????

"None of the three defendants appeared at a session yesterday, claiming they had yet to finish written defence statements, and requesting a compromise settlement." Are they requesting that the court makes a compromise settlement? Love how the legalese in Thailand gets so confused.

They are on the hook for 82mn potentially, so I can understand the desire to negotiate, however, having not even bothered to get their defence statements written yet, I would hope that court would find them to be deliberately tardy in their response, and give them a very short time to "negotiate" their compromise, which if as likely is insufficient, that the court gives her her fair share of compensation.

[jshorts]

3rd degree burns during delivery. "Amazing" NOOOOOO "ASTONISHING THAILAND"

Never heard of such a case. Typically these law suits are related to alleged poor/incompetent medical/surgical practice that results in harm to the baby or mother.

One cannot help but wonder if kickbacks were involved for faulty equipment at an elevated price? Would like to know the name of the medical device company.

3rd degree are the most severe burns humanly sustainable.

Good imagination!

[easybullet3]

i had a terrible experience at Bumrungrad DENTAL department, the so called "specialist" did the job is a novice. he was awful! i was in terrible pain for over a month. I complained about his shocking professionalism and they didn't charge me. But really, I should have sued for some kind of damages relating to the pain I suffered.

i've yet to find a good dentist that actually does things properly in Bangkok.

almost every dentist I tried has been sloppy (in one area or another).. I always find 'leaks' in fillings. they are often careless when it comes to using the drill and take off more than they should.

in this japanese womans case, i'm not sure if its the hospitals responsibility to check equipment from outside companies. do they check every syringe that the needle isnt damaged? (no. you just use it and trust the company that you bought it from).

anyway.. she definitely does deserve some compensation, though 82 million is way too high! I guess she is aiming high so that she will get a lower amount (which she originally had her mind on).

[scorecard]

Well, I am sure that Coviden has an enormous disclaimer about maintaining equipment properly that gets them off the hook. Presumably, the hospital itself is responsible for making sure that its equipment is in good working order??????

"None of the three defendants appeared at a session yesterday, claiming they had yet to finish written defence statements, and requesting a compromise settlement." Are they requesting that the court makes a compromise settlement? Love how the legalese in Thailand gets so confused.

They are on the hook for 82mn potentially, so I can understand the desire to negotiate, however, having not even bothered to get their defence statements written yet, I would hope that court would find them to be deliberately tardy in their response, and give them a very short time to "negotiate" their compromise, which if as likely is insufficient, that the court gives her her fair share of compensation.

If the hospital claims to a so called 'five star' venue, charging outrageous fees, then they should be totally confident in the reliability etc., of the equipment they bought from an outside supplier. If they weren't convined they should not have bought / used the equipment.

Question 1: Would any business, and the hospital concerned here is a business, pay money for equipment which is not well proven, not reliable etc., and even more, is capable, of causing severe damage if it's faulty etc?. The answer is NO!

Question 2: If the said equipment needs to be checked for proper maintenace, checked to be in ready for usage, the hospital should be either checking it themselves with properly trained staff, or have a team from the supplier on a contract to do the 'checking' on a regular basis and then providing a 'certificate of roadworthiness'.

[Thai at Heart]

Well, I am sure that Coviden has an enormous disclaimer about maintaining equipment properly that gets them off the hook. Presumably, the hospital itself is responsible for making sure that its equipment is in good working order??????

"None of the three defendants appeared at a session yesterday, claiming they had yet to finish written defence statements, and requesting a compromise settlement." Are they requesting that the court makes a compromise settlement? Love how the legalese in Thailand gets so confused.

They are on the hook for 82mn potentially, so I can understand the desire to negotiate, however, having not even bothered to get their defence statements written yet, I would hope that court would find them to be deliberately tardy in their response, and give them a very short time to "negotiate" their compromise, which if as likely is insufficient, that the court gives her her fair share of compensation.

If the hospital claims to a so called 'five star' venue, charging outrageous fees, then they should be totally confident in the reliability etc., of the equipment they bought from an outside supplier. If they weren't convined they should not have bought / used the equipment.

Question 1: Would any business, and the hospital concerned here is a business, pay money for equipment which is not well proven, not reliable etc., and even more, is capable, of causing severe damage if it's faulty etc?. The answer is NO!

Question 2: If the said equipment needs to be checked for proper maintenace, checked to be in ready for usage, the hospital should be either checking it themselves with properly trained staff, or have a team from the supplier on a contract to do the 'checking' on a regular basis and then providing a 'certificate of roadworthiness'.

Well as i said, the manufacturer will have monstrous disclaimers, the doctor is probably not in the employ of the hospital but is a contracted freelancer, so it would appear that the hospital is the one that will end up being solely responsible for the equipment being in working order.

[SOTIRIOS]

......word of the day......'nauseating'...

.......no accountability........no responsibility......all around.....

....double talk...bla-bla-bla....

.....buzzwords like 'imported...latest....modern'...

....in the hands of incompetents that hide behind names, positions or connections.....

(......'banana republic'.....)

[mrdome]

i've yet to find a good dentist that actually does things properly in Bangkok. almost every dentist I tried has been sloppy (in one area or another)..

I swear by my dentist in Phnom Penh (it's not close to BKK, I know) and so did and do all the foreigners that recommended him. He is the best dentist I have ever encountered including all Western dentists I've ever been to and a totally kind, gentle and thorough person who charges extremely reasonable fees. PM me if interested.

[atyclb]

3rd degree burns during delivery. "Amazing" NOOOOOO "ASTONISHING THAILAND"

Never heard of such a case. Typically these law suits are related to alleged poor/incompetent medical/surgical practice that results in harm to the baby or mother.

One cannot help but wonder if kickbacks were involved for faulty equipment at an elevated price? Would like to know the name of the medical device company.

3rd degree are the most severe burns humanly sustainable.

Good imagination!

What part of my post do you attribute to "good imagination"?

[rodentwarrior]

I love the misguided idea that because Bumrungrad is one of the most expensive hospitals, that it should employ the best doctors/dentists. It's a complete fallacy.

Bunrungrad probably pays extremely well, and attracts medical professionals from HiSo families. Make no mistake, that doesn't mean they employ the best medical professionals, just the ones with the right names/connections.

My own dentist, who was also trained extensively in UCLA, was very well qualified for Bumrungrad, he even had an interview (!) but didn't get the job, he explained it all when I asked him why.

He now runs an extremely successful practice in Jomtien. Has done amazing work for me, and I have no hesitation is recommending him to friends.

Sadly TIT. Please don't apply Western rules to employment here - it simply doesn't work that way.

[atyclb]

I love the misguided idea that because Bumrungrad is one of the most expensive hospitals, that it should employ the best doctors/dentists. It's a complete fallacy.

Bunrungrad probably pays extremely well, and attracts medical professionals from HiSo families. Make no mistake, that doesn't mean they employ the best medical professionals, just the ones with the right names/connections.

My own dentist, who was also trained extensively in UCLA, was very well qualified for Bumrungrad, he even had an interview (!) but didn't get the job, he explained it all when I asked him why.

He now runs an extremely successful practice in Jomtien. Has done amazing work for me, and I have no hesitation is recommending him to friends.

Sadly TIT. Please don't apply Western rules to employment here - it simply doesn't work that way.

I completely believe this

[barefoot1988]

I love the misguided idea that because Bumrungrad is one of the most expensive hospitals, that it should employ the best doctors/dentists. It's a complete fallacy.

Bunrungrad probably pays extremely well, and attracts medical professionals from HiSo families. Make no mistake, that doesn't mean they employ the best medical professionals, just the ones with the right names/connections.

My own dentist, who was also trained extensively in UCLA, was very well qualified for Bumrungrad, he even had an interview (!) but didn't get the job, he explained it all when I asked him why.

He now runs an extremely successful practice in Jomtien. Has done amazing work for me, and I have no hesitation is recommending him to friends.

Sadly TIT. Please don't apply Western rules to employment here - it simply doesn't work that way.

nt sure how much truth is there in it but that really makes alot of sense especially in this particular country.

Edited July 12, 2012 by barefoot1988