BANGKOK – July 9, 2012 [PDN]; At the case-consideration room 814 of Civil Court, Ratchadapisek road, the court made an appointment to consider the case of a lawsuit, black number PB. 1461/2555. The plaintiff, Ms. Mikayo Ito, 41, is a Japanese native married to a Thai national. Named as the three defendants in the lawsuit were a Bangkok private hospital, the obstetrics doctor, and a company that sold an electric machine designed to stop bleeding. The machine had caught fire and burned Ms. Miyako, who is asking for 82,638,252.90 THB in damages.
In documents submitted to the Civil Court on June 8, 2012, the plaintiff stated that she is Japanese and worked as the manager in international coordination for a company that imported products from Japan. The price of each product was 60 THB. Ms. Mikayo stated that she is married to Pol.Sen. Sgt. Maj. Narong Laosing, the detecting officer in the Pattaya immigration office.
The lawsuit states that on February 25, 2012 Ms. Miyako went to have an operation to give birth at the well-known private hospital, where the obstetrics doctor was to do surgery to deliver baby. He began surgery at 7 a.m., and used a “blocking the back” method to surgically remove her baby from her abdomen.
At the time that the doctor was performing the surgery, the patient smelled something being burned severely. She also heard the doctor shout in alarm, “Close the wound first!” At the time Ms. Miyako did not know what was wrong because she did not feel any sensation in her lower body. However, she later discovered that she had been burnt severely on the right side of her body from flames from an electric machine, which hospital uses to stop bleeding during surgery.
The lawsuit states that a short-circuit in the machine caused it to catch fire, burning Ms. Miyako on the right side of her body, to the extent that nerve cells were burnt in a “Deep Burn” level 3 category. The burnt area on her body was measured at 15 cm. wide and 30 cm. long, extending from her right breast area to her right upper leg.
After the incident, Ms. Miyako experienced pain and suffering while having to return repeatedly to the hospital to clean the wound, from February 25 to March 17, a total of 21 days. She also had to be put under anesthesia during the cleaning of the wound, either by injection or inhaling an anesthetic, which also adversely affected her memory.
On March 31, a doctor performed surgery at her upper right leg, removing five pieces of her skin in a 10 cm. length 20 cm. area to close the wound, because the tissue had died in that area. When Ms. Miyako saw the wound, she had severe depression and had to consult with the psychiatrist and is still under her doctor’s care. Her burns also prevent her from wearing a brassiere, because the increased pressure on the wound creates so much pain she cannot perform daily activities.
Besides the damages to her body, health and mind from the burns, Ms. Miyako is also asking the three defendants for compensation for her missing 45 days at work for 119,999.70 THB; as well as adverse impact to her salary and bonus for 2,364,253.20 THB; the expense for hiring someone to feed her baby for 90,000THB; the traveling expense from Rayong to the Bangkok hospital for 64,000 THB; the future surgical operations in Japan for 30,000,000 THB; the damages to her body and mind creating suffering, as well as being unable to resume her daily life for 50,000,000 THB; for a total of 82,638,252.90 THB.
Filing the lawsuit in Civil court were Pol. Sen. Sgt. Maj. Narong, the husband of Ms. Mikayo, and their lawyer. Ms. Mikayo was unable to come to the court.
Pol. Sen. Sgt. Maj. Narong Laosing said that previously, his wife had given birth at the same hospital to their other two daughters, ages 8 and 4, with no problems. They did not expect any problems for her third childbirth at the hospital.
But when he saw his wife’s wound, he was so shocked, he didn’t think that the well-known and respected hospital with high prices would make a mistake like this. After the incident, the hospital had treated his wife’s wound without any expense. He understood that accidents can happen any time, but said the doctor and other medical personnel should be more careful to check all equipment better to prevent incidents like the burning of his wife.
The lawyer for the defendants requested a postponement of the case because he had not finished the wording of their statements, and the defendants want to have negotiations to reach a compromise before proceeding with the case.
The prosecutor didn’t resist the defense lawyer’s request, so the court ordered to postpone the case to allow the defense lawyer more time to submit the statements of the three defendants on July 27, 2012, and made an appointment to consider the case on August 6, 2012, and negotiate to compromise the case on September 3, 2012.