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Malpractice and Medical Litigation

CHUMSAK PRUKSAPONG, M.D.*, HENRY WILDE, M.D.***, SUKHIT PHAOSAVASDI, M.D.**, YUEN TANNIRANDORN, M.D.**

Affiliation : * Department of Surgery, Police Hospital, Bangkok 10330, ** Department of Obstetrics and Gynecology, Faculty of Medicine, Chulalongkhon University, Bangkok 10330, *** Queen Savapha, Thai Red Cross Society, Bangkok 10330, Thailand.

In 1995 a millioniare grand multipara in her eighth pregnancy came from the province to Bangkok to attend the antenatal clinic at one of the best hospitals in town. She wished her labor to be painless. In the labor room, she was given a con- tinuous epidural block and had her amniotic sac ruptured artificially. She still felt pain from her labor. The anesthesiologist ordered the attending nurse to give another dose of anesthetic drug through the epidural catheter which is not custo- mery. He left the room at the same time. Fifteen minutes later, the pregnant patient had difficulty with breathing and had a cardiac arrest
Several anesthesiologists and cardiolo- gists were called to see the patient and performed cardiopulmonary resuscitation, but in vain, she died. It should be noted that her husband was in the labor room with his wife at the entire time. He was angry at the doctor who failed to be with his wife as much as he should. He could pay all the hospital bills but why was no doctor available for almost 15 minutes after the second injection of anesthetic drug ?
The charges to the court were as follow- ings:
1. Neglecting to see the patient and causing her death.
2. Requesting for 600 million baht as compensa- tion
3. Performing substandard health care.
It will be very stressfull for the doctor to go to court as a client over this case. It will be time consuming and the legal action will last at least 2 years. What will happen to his family and routine work? If he loses the case, how could he pay 600 million baht ?
In olden days, life in Thailand was not expensive. People got their health care from a health station provided by the government and paid very little from their own pocket. Transportation, housing and social taxes were not much of a bur- den to the doctor. The health care system was officially run in a very-friendly manner. The doctor was a respected man in town and dependable and accessible to the citizens. After the sicks were treated and became well, they gave their belongings such as ducks, chickens and eggs to their beloved doctor. This kind of system was good to all.

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JMed Assoc Thai
MEDICAL ASSOCIATION OF THAILAND
ISSN: 0125-2208 (Print),
ISSN: 2408-1981 (Online)
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