Medical malpractice: Landmark case

In 1995 during childbirth Jureerat was left unattended under anaesthesia & died. 16 years later the Supreme Court has decided medical error caused her death.

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Samitivej Hospital loses malpractice court fight, Family get B8m for mum, baby dying during labour

A court has ordered Samitivej Hospital and two of its doctors to jointly pay a family more than 8 million baht in compensation for malpractice in the case a woman who died in labour 16 years ago.

The Supreme Court yesterday ordered Samitivej Plc, which owns Samitivej Hospital, anaesthetist Dr Suphak Janjampee and Dr Chalat Tujinda to jointly pay 8.3 million baht plus annual interest of 7.5% to the Sereeyothin family for the loss of Jureerat Sereeyothin 16 years ago.

In addition, the court also ordered the three defendants to jointly pay the family's legal fees, which totalled 150,000 baht.

The family, comprising Burin Sereeyothin, his children Bordin, Bussarin and Supachoke, as well as the deceased's parents, Khasem and Naree Keeratithamakhun, filed suit against the defendants after the September 1995 death of Jureerat and her unborn baby during labour.

During labour, amniotic fluid entered Jureerat's blood stream, contributing eventually to heart failure, the court was told.

Dr Chalat, who served as Jureerat's obstetrician and Dr Suphak, her anaesthetist, were accused of leaving her alone in the delivery room during a difficult labour.

Jureerat was admitted to Samitivej Hospital on Sukhumvit Road on Sept 6, 1995 to give birth.

A doctor gave her an injection and put her under observation, according to the suit.

The following day, her water broke and she began feeling labour pains and then the same doctor gave her more injections, according to court documents.

On the morning of Sept 8, 1995, her labour pain intensified as her husband came around to check on her.

No medical staff were present to help the woman. Mr Burin went out to get Dr Chalat who looked nervous when he saw his patient's condition.

Jureerat and her unborn baby died shortly after that, the verdict said.

Citing opinions provided by an anaesthetist, the court ruled that Dr Suphak should not have left Jureerat alone after giving her anaesthetic because complications could arise.

The lower court threw out the case, but the Appeal Court later took it up and ordered Samitivej Plc and the two doctors to pay 10.3 million baht to Jureerat's family. The defendants appealed to the Supreme Court.

Mr Burin said the case should serve as an example to patients fighting to protect their rights and a lesson to the medical profession.

Preeyanant Lorsermwatthana, a coordinator for the Network of Victims of Medical Malpractice, said she was delighted the court had ordered the hospital to pay 8.3 million baht in compensation to Mr Burin and his family.

"I can say that this is not only a victory for Khun Burin, but also for Thai society," said Mrs Preeyanant, who has spent the past 20 years seeking compensation for her son who became disabled, allegedly due to a medical error during her own labour. Mrs Preeyanant said people should rally behind a bill that would make victims of medical malpractice eligible to receive aid from a special fund during the course of the legal battle.

(Source: Bangkok Post, Samitivej Hospital loses malpractice court fight, Family get B8m for mum, baby dying during labour, 25/01/2012, link) 

Malpractice and Legal Vocabulary

malpractice - medical malpractice, when doctors or other health care providers make mistakes (professional negligence by act or omission) and medical treatment "falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error" (See Wikipedia)

Samitivej Hospital loses malpractice court fight

landmark legal case - a legal case in which an important legal decision is made by a court (that may affect decisions in future cases)

labour - childbirth, the end of pregnancy when the baby leaves its mother and is born, "the process of normal human childbirth is categorized in three stages of labour: the shortening and dilation of the cervix, descent and birth of the infant, and birth of the placenta. In many cases, with increasing frequency, childbirth is achieved through caesarean section, the removal of the neonate through a surgical incision in the abdomen, rather than through vaginal birth", also called "parturition" (See Wikipedia)

labour pains
pain intensified - when a pain grows greater
labour pain intensified
a difficult labour 
died in labour

mum - mother (informal) 
family get B8m for mum, baby dying during labour

jointly - done together อย่างร่วมกัน, พร้อมกัน, ด้วยกัน
compensation - money paid for some loss, for damage suffered; money that someone receives because something bad has happened to them เงินชดเชย

a court has ordered Samitivej Hospital and two of its doctors to jointly pay a family more than 8 million baht in compensation for malpractice in the case a woman who died in labour 16 years ago

annual - happening once a year ประจำปี
interest - payments made for the use of another's money for a period of time
annual interest - the amount of money earned in one year (by lending your money, or here: lost in one year from not having your money)

anaesthetic - a substance that makes you unable to feel pain ยาชา,ยาสลบ (See Wikipedia)
anaesthetist - anaesthesiologist, the specialist doctor who gives or "administers" an anaesthetic to a patient during surgery (See Wikipedia)

the Supreme Court yesterday ordered Samitivej Plc, which owns Samitivej Hospital, anaesthetist Dr Suphak Janjampee and Dr Chalat Tujinda to jointly pay 8.3 million baht plus annual interest of 7.5% to the Sereeyothin family for the loss of Jureerat Sereeyothin 16 years ago.

lawsuit - a legal case heard and decided by a court of law (seeking compensation for damage caused, not criminal)
suit - Same as "lawsuit"

plaintiff - the person or organization that starts the lawsuit against someone seeking compensation
defendant - the person or organization that has a lawsuit brought against it

fees - money paid for professional services and advice (from a doctor, lawyer, architect), money that you pay for some service or to do something ค่า ค่าบริการ ค่าธรรมเนียม
legal fees - money paid to the lawyers working on a lawsuit for you 

In addition, the court also ordered the three defendants to jointly pay the family's legal fees, which totalled 150,000 baht.

the deceased - the person who died
the deceased's parents

comprising - consisting of ประกอบด้วย
filed suit against - to take official action, e.g., to make a formal complaint ยื่นฟ้องร้อง

The family, comprising Burin Sereeyothin, his children Bordin, Bussarin and Supachoke, as well as the deceased's parents, Khasem and Naree Keeratithamakhun, filed suit against the defendants after the September 1995 death of Jureerat and her unborn baby during labour.

fluid - a liquid
amniotic fluid - the nourishing and protecting liquid contained by the amniotic sac of a pregnant woman (See Wikipedia)
amniotic sac - the tough thin transparent bag inside the mother's body that holds her growing baby (fetus), the amniotic fluid within the bag cushions the baby and allows the baby to move freely (See Wikipedia)

blood stream - the flow of blood  through the arteries and veins of the body
heart failure - the medical condition when the heart cannot supply enough blood flow to meet the needs of the body (See Wikipedia)
eventually - at the end of a period of time or at the end of a process ในที่สุด

During labour, amniotic fluid entered Jureerat's blood stream, contributing eventually to heart failure, the court was told.

obstetrician - the specialist doctor who takes care of and treats a pregnant woman before, during and after childbirth (a specialist in obstetrics)
obstetrics - "the medical specialty dealing with the care of all women's reproductive tracts and their children during pregnancy (prenatal period), childbirth and the postnatal period" (See Wikipedia)
delivery room - the special room in a hospital in which pregnant women give birth to their baby

Dr Chalat, who served as Jureerat's obstetrician and Dr Suphak, her anaesthetist, were accused of leaving her alone in the delivery room during a difficult labour.

admitted to the hospital - officially accepted into a hospital for medical treatment
Jureerat was admitted to Samitivej Hospital on Sukhumvit Road on Sept 6, 1995 to give birth.

injection - putting a liquid, especially a drug, into a person's body using a needle and a syringe การฉีดยา
A doctor gave her an injection and put her under observation, according to the suit.

water breaks - before giving birth to a baby, the amniotic sac inside the mother "breaks" letting lose the amniotic fluid or "water" (See Wikipedia)

The following day, her water broke and she began feeling labour pains and then the same doctor gave her more injections, according to court documents.

On the morning of Sept 8, 1995, her labour pain intensified as her husband came around to check on her.

staff - workers, employees; people who work for a company or organisation พนักงาน
medical staff - people who work in a hospital or medical clinic (providing medical treatment to patients)

patient's condition - the situation of a patient at a point in time (how severe or bad their disease or medical condition is)

No medical staff were present to help the woman. Mr Burin went out to get Dr Chalat who looked nervous when he saw his patient's condition.

verdict - the decision by a court of law in a legal case
Jureerat and her unborn baby died shortly after that, the verdict said.

citing - mentioning or pointing to something as proof or evidence to support the argument or point you are making
the court ruled that - the court decided that

left alone - to not have people with you or near you (be by yourself, be alone)
complications - additional medical problems which make it more difficult to treat an existing illness อาการแทรกซ้อน

Citing opinions provided by an anaesthetist, the court ruled that Dr Suphak should not have left Jureerat alone after giving her anaesthetic because complications could arise.

the lower court threw out the case - said they would not even make a decision on the case (not a valid case)
Appeal Court - a "higher court" that decides whether the decisions of "lower courts" should be changed (See Wikipedia)

The lower court threw out the case, but the Appeal Court later took it up and ordered Samitivej Plc and the two doctors to pay 10.3 million baht to Jureerat's family. The defendants appealed to the Supreme Court.

rights - what the law allows you to have and do สิทธิ์ something you are legally or morally allowed to do or have (See Wikipedia)
fighting to protect their rights

profession - a type of job requiring advanced training and education
medical profession - medicine, all the medical doctors in a country (See Wikipedia)

Mr Burin said the case should serve as an example to patients fighting to protect their rights and a lesson to the medical profession.

coordinator - someone whose job is to organise the various parts of an activity and make sure that all the people involved work well together  ผู้ประสานงาน ประสานงานกัน ทำงานร่วมกัน
delighted - very happy or satisfied about something ยินดีมาก,สุขใจ

Preeyanant Lorsermwatthana, a coordinator for the Network of Victims of Medical Malpractice, said she was delighted the court had ordered the hospital to pay 8.3 million baht in compensation to Mr Burin and his family.

spent - used ที่ใช้ไป
allegedly - claimed to be true, but not yet proven ที่ถูกกล่าวหา
rally - a large public gathering of people to support someone or to protest against something การชุมนุม การชุมนุมประท้วง
bill - a written document containing a proposal for a new law ญัตติ
victims - people who are killed injured or harmed in some way from an accident, natural disaster, crime, etc.
eligible - meet the conditions needed for doing something ซึ่งมีคุณสมบัติเหมาะสม ที่มีคุณสมบัติพร้อม ว่าง allowed by rules or laws to do something or to receive something มีสิทธิ
aid - help; assistance ความช่วยเหลือ เงินช่วยเหลือ
fund - money for some special purpose เงินทุน กองทุน ให้เงินทุน

"I can say that this is not only a victory for Khun Burin, but also for Thai society," said Mrs Preeyanant, who has spent the past 20 years seeking compensation for her son who became disabled, allegedly due to a medical error during her own labour. Mrs Preeyanant said people should rally behind a bill that would make victims of medical malpractice eligible to receive aid from a special fund during the course of the legal battle.