Why did Bumrungrad Hospital fail to detect birth defects?

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Bumrungrad Hospital Ordered to Pay Compensation for Failure to Detect Birth Defects

Bumrungrad Hospital and two of its doctors were ordered to pay Malaysian celebrity chef Walter Lee RM125,000 (THB1 million) due to negligence and a failure to detect congenital limb deformities in his son. The hospital's medical team dismissed the parents' request for a second ultrasound examination, deeming it unnecessary, which the couple argued could have led to an earlier diagnosis of their son's condition. The child was subsequently born with severe limb deformities, including a missing left arm, a partially formed right arm, no right leg, and an underdeveloped left leg with dislocated hips.
Dismissal of Request for Second Ultrasound

The core of the legal claim centered on the hospital's refusal to conduct a second ultrasound when requested by Lee and his wife. The couple asserted that this examination, had it been performed, would have revealed the extent of their son's deformities. However, the hospital's medical professionals evaluated the request and concluded that an additional ultrasound was not warranted, a decision that ultimately contributed to the court's finding of negligence.
Nature of the Child's Birth Defects

The son of Walter Lee and his Thai wife, Prapaporn Saejung, was born with significant limb abnormalities. These included the complete absence of one arm, a partially developed arm on the opposite side, the complete absence of one leg, and an incomplete leg with only three toes, along with dislocated hip joints. The initial ultrasound provided to the parents indicated a healthy foetus, a stark contrast to the reality at birth.
Legal Proceedings and Compensation Awarded

Following the child's birth, the couple initiated legal action against Bumrungrad Hospital, obstetrician Dr Dechapong Phucharoe, and radiologist Dr Orachat Udompanich, seeking substantial damages for their son's condition. While the initial ruling by the Phra Khanong Provincial Court in December 2008 ordered THB12 million in compensation, the Court of Appeals later reduced this amount significantly to RM125,000 (THB1 million). The Supreme Court upheld this reduced sum, also mandating annual interest of 7.5 per cent on the compensation from the date the lawsuit was filed until full payment.

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Why did Bumrungrad Hospital fail to detect birth defects?

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