Can I Sue My Doctor?
Some insights into medical negligence claims
By Benjamin Yam
I have been practising in the area of medical negligence since my early days as a lawyer. I have acted for doctors, healthcare institutions and also patients.
In this write-up, I hope to share a couple of insights on this area of practice and perhaps clarify some misconceptions.
Breach of duty/causation
Many times, to the layperson, when there is a breach of duty by the healthcare provider, the erroneous conclusion to make is that there has been negligence on the healthcare provider’s part.
Examples of such breaches could include:
Prescribing an overdose of medicine or the wrong medication
Omitting to send the patient for a required scan
Leaving a surgical instrument in the body
At law, for a claimant to successfully sue a tortfeasor—in this case, the healthcare provider—the claimant will need to show, on top of establishing that the healthcare provider owed a duty of care to the claimant and breached that duty, that such breach caused the claimant to suffer loss and damage.
In other words, if the claimant did not suffer any loss and damage, even if there was a “negligent” act, the claimant would not be able to successfully sue because there is no loss or damage recoverable by law.
So, using one of the above examples, if a patient had indeed been prescribed an overdose of a particular medicine, and went on to consume it but did not at all suffer any ill effects, it is quite unlikely that the healthcare provider will be found to be liable. Having said that, the patient should still communicate his experience (through proper channels, of course) so that his grievances can be addressed accordingly.
Is it true that it is “very difficult to sue a doctor” in Singapore?
I’ve received such a query before. I think the query should be better phrased as “What is the likelihood of success if a patient were to sue a healthcare provider in Singapore? Is it true that the chances are slim?”
There have been many cases in Singapore where the healthcare provider was found to be liable, and these cases have been widely reported. Equally, there are also reported cases where the patient’s claim was dismissed by the courts.
However, the reported cases are, in all likelihood, only a fraction of the true number of medical negligence cases in Singapore. There are many medical negligence cases which are actually resolved amicably and privately. One of the usual settlement terms is that such settlements are to be kept private and confidential, hence there is no reporting of such cases. Some of these claimants do receive a satisfactory settlement sum and it does help them towards reaching closure on their grievances.
In my experience, the steps set out in the Courts’ pre-action protocols, especially that for the State Courts, do also help, to some extent, in giving the patient a clearer picture of the strengths and weaknesses of the claim, before deciding whether to proceed further.
One challenging aspect for claimants would be to find a local independent expert to support a patient’s claim, especially if preparing for the matter to be litigated in Court. However, don’t let this set you back - we can help you with this.
Some tips when seeking medical advice
Don’t be afraid to ask your healthcare provider questions about your healthcare plan/procedure.
When you are consenting to a procedure, know what you are consenting to, before signing on the consent form. If need be, ask for time to be able to consider the contents of the consent form.
Inform your healthcare provider as soon as possible if you suffer any ailments post procedure/medication. Go back to the same healthcare provider as far as possible.
It is important for the patient and doctor to have rapport and trust between them. You are free to obtain a second opinion from another doctor if you need to get confirmation or clear your doubts, but a different or better-sounding second opinion does not necessarily mean that the first opinion was incorrect. Doctors might reach the same diagnosis but recommend different treatment plans, some more invasive than others. Communication styles and the manner in which information is shared might also vary between doctors. When in doubt, a second opinion might serve as an assurance that they have made the best decision possible in the sea of medical options.
Disclaimer: The information and materials provided do not constitute legal advice and do not purport to give rise to a lawyer-client relationship. You are fully responsible for seeking specific legal advice from a lawyer before taking any legal action. Should you require legal services, you may contact us at info@covenantchambers.com.