CIVIL LAWSUIT
Apiradee Treerutkuarkul
NONTHABURI : A mother whose teenage son was left disabled after his respirator was erroneously disconnected in hospital following a road accident was yesterday awarded 3.9 million baht after winning a civil lawsuit against the Public Health Ministry.
The Nonthaburi Court ruled in favour of Duangnapa Pannina, 45, who sued the ministry and Phrae hospital for negligence in treating her son Yongyuth.
The court also awarded legal costs of 10,000 baht and set a 7.5% interest rate on the settlement.
Yongyuth, then 19, was admitted to the hospital after a road accident on Dec 31, 2004. Before he was fully recovered a doctor ordered the removal of the respiratory tube.
The youth fell into a coma and suffered brain damage due to a lack of oxygen. He has not responded to anything since.
Mrs Duangnapa had to quit work to take care of her son full time, depriving the family of much needed income.
Her husband earns only 200 baht a day from temporary employment as a construction labourer.
"Frankly, the 3.9 million baht payment is not worth my son's life and his future, which has been destroyed by a medical error," she said after the verdict.
She had sued for 10 million baht.
Yongyuth had been accepted to study mechanical engineering at Naresuan University's Phayao campus only a short time before the accident.
Mrs Duangnapa and members of the Network of Victims of Medical Malpractice later went to meet Public Health Minister Chaiya Sasomsab, who promised not to appeal the decision.
"My family has been hurt enough, first through medical negligence and then going through the court case," she said.
"Hopefully, the Public Health Ministry will now take responsibility for the many patients and their families affected by medical mistakes."
Mr Chaiya said he supported legislation on compensation for victims of medical malpractice now being scrutinised by the Council of State.
Medical professionals should continue to be liable to criminal charges for medical malpractice to ensure they take proper care in treating patients, he said.
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