Mum loses B57m lawsuit against hospital

Mum loses B57m lawsuit against hospital

The Supreme Court yesterday threw out an appeal filed by a mother-turned-activist who blamed her son's physical disabilities on medical malpractice, ending a 23-year legal battle. 

The court rejected an appeal by Preeyanan Lorsermvattana, who is also president of the Thai Medical Error Network.

Preeyanan Lorsermvattana and her son, Phithakphong, 23, arrive at the Civil Court to hear the Supreme Court's ruling on the suit she filed against Phyathai 1 Hospital. Pattarapong Chatpattarasill

The Civil Court dropped the case on July 28, 2009, which prompted the appeal.

Ms Preeyanan sued Phyathai 1 Hospital and two of its doctors, Yanyong Mangkhalawirach and Santi Suthiphinthawong, for 57 million baht for allegedly causing her son's disabilities during delivery.

She claimed the doctors were negligent in allowing her son to contract an infection during birth which led to one leg being shorter than the other.

Her son, Pithakpong Lorsermvattana, now 23, began to suffer from abnormal spinal and neurological problems when he was 18. 

The Supreme Court's ruling was read Thursday at the Civil Court on Ratchadaphisek Road.

On July 28, 2009, the Civil Court dismissed Ms Preeyanan's civil suit in which she demanded the 57-million-baht compensation for what she claimed to be a medical error committed by the hospital and its doctors.

She said in the civil suit that the alleged medical malpractice led to her son's disabilities.

The court argued the one-year statute of limitation on the case had expired when it was filed with the Civil Court, which resulted in the suit being dismissed. 

In its ruling, the Supreme Court said the plaintiff also did not fulfill a requirement of appeal which says she must have new evidence or find new grounds to support her appeal.

Ms Preeyanan is refusing to be put off by the ruling, the second time her case has been knocked back essentially on a technicality.

She said she is contemplating further action which could cite the National Human Rights Commission's resolution in 2008 which recommended the hospital pay for her son's medical treatment and find a way to fix his disabilities.

She has also considered filing criminal charges against the defendants.

Another option is to petition the Justice Ministry against the lawyer representing her in the lost court battle on the grounds the lawyer had cost her the opportunity to win the case.

He failed to advise her to file an appeal in time.

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