Fri, 01 Oct 2004

Patient to sue Medistra over alleged malpractice

Evi Mariani, The Jakarta Post/Jakarta

Four doctors accused of burning a woman and breaking her baby's thigh during a delivery have been reported to police and the woman is planning to sue the hospital for Rp 17 billion (US$1.87 million) in damages.

Anna Kusmanto, 42, reported four doctors of the Medistra Hospital on Jl. Gatot Subroto, South Jakarta, to the Jakarta Police on Thursday.

Her legal consultant, Tigor Esron Fernandez, said the doctors were reported to the police for violating Article 304 of the Criminal Code for failing to assist a person after an accident.

If found guilty they could face a maximum seven and a half year's jail.

"Anna had to undergo caesarean surgery on July 9 to deliver her first son. During the surgery, the doctors allegedly broke the baby's right thigh and burned Anna's left leg with a medical substance or instrument," Tigor said.

Anna said the hospital had promised to provide follow-up medical treatment to her son, Dherens Kusmanto, now three months old, but it had yet to materialize. Dherens' thigh remained swollen and shortened while the burning wound on her left leg had yet to heal, she said.

"He (Dherens) often throws up and suffers from high fevers," she said.

"We will file a civil suit to the South Jakarta District Court to demand a compensation of Rp 17 billion," Tigor said, adding that Dherens' condition could be categorized as a major injury.

"The doctors said after the surgery that Dherens' broken thigh was common in caesarean surgery. They said it would heal in two or three months.

"But they did not explain if the broken thigh would heal by itself or whether the baby should receive particular treatment."

Tigor said he and Anna had tried to talk to Medistra Hospital management to settle the problem.

"We tried to arrange a meeting on Sept. 6 but it was canceled because they did not want to meet us," he said.

As of Thursday afternoon, management was not available for comment. An employee said the hospital would make a statement on Friday.