
Prapaporn sae Jeung, 36, and her three year old son, Sai Ker Lee, filed the Bt390million lawsuit against the three defendants on grounds that the hospital failed to alert the mother about the fetus' abnormalities during her pregnancy.
The mother had sought pre-natal care service from the hospital. She also underwent an ultrasound test in May, 2006, to check whether her baby was healthy. Back then, her pregnancy was between four and five months
Following the ultrasound test, she was told that her baby was fine.
So far, when Prapaporn gave birth to her youngest baby, she found he had no legs and a deformed right arm
Prapaporn is the wife of famous chef, Walter Lee, who has regularly appeared in a TV cooking programme.
The two doctors testified to the court that at the time of ultrasound test, the fetus indeed showed no sign of abnormality. So far, both doctors said they had empathy and sad about what happened.
The court found both doctors negligent in their duty.
According to the court, the doctors should have carefully checked the fetus and informed the mother of possible treatment when detecting the abnormalities. As the Bumrungrad Hospital Plc is a direct service provider, it will have to shoulder responsibility from this case too.
The court said it did not order the three defendants to pay Bt390million compensation because all the defendants did not have criminal intention.
Therefore, the court only required the three defendants to pay Bt12million compensation to Prapaporn and her youngest son.
The amount is subject to 7.5 per cent interest rate, which shall be calculated from the date the lawsuit was filed.
Lee, the baby's father, said he was glad that the court ruled in his family's favour.
So far, he said he would consult lawyers about whether he should appeal the verdict to demand higher compensation.
Lee has taken his youngest son to Germany to get prosthetic legs.
"He has feelings. I have to give treatment that will ensure he will be able to live normally and happily in the society," Lee said.