Woman loses medical suit over kidney

A garment factory worker yesterday lost a civil court battle for compensation from a hospital and a doctor after she claimed her right kidney was removed during a surgery that went wrong.

Kasorn Phumjaem, 43, filed a consumer case against Krungdhon 2 hospital and Dr Pipatchai Arunthammakun for medical malpractice in December.

She had demanded 7 million baht as damages for symptoms she had suffered after the operation to remove chocolate cysts three years ago.

The Thonburi Civil Court yesterday turned down her demand after giving more credence to technical analysis and medical proof provided by the defendants' experts.

"I will appeal the case. I am still suffering from the symptoms that prevent me from doing hard or overtime work," she said.

During the trial, Mrs Kasorn testified she had been suffering from symptoms which she had never experienced before. These included fatigue, unusual weight loss, unstoppable menstrual bleeding, back pain, muscle ache and fainting.

She decided to have an ultrasound check-up at another hospital where a doctor told her the symptoms occurred because she had lost her right kidney while the left one was performing poorly.

An earlier ultrasound at another hospital confirmed she had both kidneys before the operation, she said.

But the court ruled ultrasound results and statements provided by doctors of these two hospitals were not convincing.

Instead, analysis provided by two doctors for the defence showing surgery to cut cysts under an ovary would be unable to accidentally remove her kidney - which is not in close proximity - carried more weight.

An X-ray film showing the right kidney had atrophied was judged more reliable evidence than the ultrasound results.