KUALA LUMPUR, Mar 15 — Thailand’s Supreme Court yesterday ordered Bangkok’s Bumrungrad Hospital and two doctors to pay Malaysian celebrity chef Walter Lee RM125,000 (THB1 million) for their negligence and failure to detect birth defects in Lee’s son.
In September 2006, Lee’s son was born with one complete left arm, half a right arm, no right leg and an incomplete left leg with three toes and dislocated hip joints.
His Thai wife, Prapaporn Saejung, was previously told that the ultrasound examination result showed she was carrying a healthy and strong foetus.
According to a report by The Nation, Lee, who formerly hosted the @5 Dairy cooking show on Channel 5, and his wife claimed their son’s deformity could have been detected earlier had the doctor conducted a second ultrasound like they had asked.
According to the couple, the second ultrasound request was dismissed by the hospital’s medical team as "unnecessary”.
In their lawsuit filed September 20, 2007, the couple sought RM49 million (THB 390.9 million) in damages after accusing the hospital, obstetrician Dr Dechapong Phucharoe and radiologist Dr Orachat Udompanich of contributing to their son’s deformity.
After 11 years, the Supreme Court yesterday upheld a previous court ruling and ordered interests of 7.5 per cent annually on the compensation sum, to be calculated from the date of the lawsuit’s initiation until full payment is made.
In December 2008, the Phra Khanong Provincial Court, as the primary court, ruled that the hospital and two doctors must jointly pay compensation of THB 12 million plus the 7.5 per cent annual interest.
The compensation ordered was much lower than sought because the judge felt the three defendants had not acted with malicious or criminal intentions.
The case was then brought to the Court of Appeals, which then reduced the compensation to just RM125,000 (THB 1 million) plus the annual interest.
After the boy’s birth, the couple had sought the help of a German team of prosthetics specialists to help their son stand and walk.
Lee has also established the Zy Movement Foundation to help disabled children in Thailand and across Southeast Asia.
This May 6, his foundation together with Penang Hill Corporation and the Habitat Penang Hill will organise an event involving 40 physically-impaired children called "Climb to Change A Life”.
The event is aimed at helping children born with limb deformities to nurture self-belief and optimism through participation in physically-challenging activities.
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