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You are unhappy with your doctor


All information for general knowledge only
Please see a lawyer if you wish to act on them

Do you know that if you are terminally ill, you may contact

Oncology Support Group tel 421 5803
Singapore Cancer Society 221 9577
Samaritans of Singapore 1800 221 4444
Singapore Action Group of Elders 1800 353 8633
Assisi Home and Hospice 359 7819
Dover Park Hospice 355 8 200
Hospice Care Association 251 2561
St Joseph's Home 268 0482

A person with terminal illness may by signing an Advance Medical Directive, state that he does not want to receive life-prolonging treatment if he is unconscious or unable to express his wishes.

Do you know that euthanasia is legal in The Netherlands.

 

We expect to see more people complaining about professionals such as doctors, lawyers, dentists, engineers etc.

Recently, a patient sued an urologist for an operation to improve his fertility. The surgery left him sterile, with small testicles and enlarged breasts. The Court awarded him $100,000 in damages and $500,000 in legal costs.

There is a rising trend to sue doctors for negligence. In 1999, medical insurance paid out more than Singapore $3 million up from $2 million in 1998 and $1 million in 1997. Out of 150 claims in 1999, half were settled while the other half were abandoned. Generally, it is difficult to sue doctors sucessfully because expert opinion and evidence are hard to obtain. A plaintiff has to resort to foreign experts which is expensive as they have to fly into Singapore.

The test for medical liability is the Bolam test. This says that a doctor who has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in the particular art is not negligent. Many countries (including Australia, England Malaysia) have rejected the Bolam test on the basis that society should decide the standard of care, not doctors.

Do you know that if you are unhappy with the quality of medical treatment provided, you may request for your medical records. The treatment may then be assessed by other doctors.

See below for a sample of a lawyer's letter requesting for medical information.

Messrs Perry Mason Tan & Partners
12 St Andrew's Road
Singapore 12345
Telephone 1234565
Fax 1234555

Advocates & Solicitors
______________________________________________________________________________

Reference: WW1232/56

12 April 2001

Dr Harold Robin Lim
HRL Clinic for Women
34 Mt Senai Road
Singapore 12345

Dear Sir

Request for medical report Madam Hua Moo Lan

We act for Madam Hua Moo Lan

We are instructed that our client was your patient and you had diagnosed her as having endometronic cyst of left ovary and adenomuosis uteric. On 23 October 1999, she underwent surgery to remove the left ovary and uterus. Following the surgery, our client had suffered and complained of abdominal pain, swelling and fever. On 5 November 1999, Dr Whampoa Tan attended to her. A CT scan revealed the possibility of injury to the right ureter as indicated by a collection of fluid on the right side of the abdomen and pelvis. After discussions between you and Dr Whampoa Tan, our client was referred to Dr Bendemeer Lim, a Consultant urologist.

On 7 November 1999, our client underwent surgery for a right nephrostomy tube insertion. A right lower ureteric obstruction with hydronephrosis and extravasation of the urine was noted. She underwent nephrostomy tube drainage for six days. After the surgery, our client continued to experience pain at the right loin. On 12 November 1999, she underwent exploration of the right lower ureter by Dr Whampoa Tan. The finding was obstruction of the right lower ureter with extrinsic constriction of the ureter. The ureter was congested, oedematous and adherent with dilatation due to previous extravasation. The right ureter was re-implanted to the bladder. Following the surgery, she required a right nephrostomy tube insertion to drain the right kidney due to oedema of anatomosis following surgery.

Our client has suffered pain and distress and incurred additional medical and other expenses. On 21 December 1999, our client made a complaint to Singapore Medical Council (SMC). By a letter dated 19 March 2000 , SMC stated that it had carefully considered your explanation and the opinion of a senior gynaecologist and found no evidence of professional misconduct or negligence by you. Our client is dissatisfied with the decision of SMC.

On the facts disclosed above, there may be reasonable grounds to claim for breach of contract or for negligence in relation to the operation on 23 October 1999 and the care/medical treatment received by her after the operation. As such, our client would like to obtain full details of the operation carried out by you on 23 October 1999 including all relevant medical/operation reports and case notes to enable our client to decide whether there had been a breach of contract or negligence. If there is such a claim, you are likely to be a party to the proceedings.

Please be informed that the law (The changes introduced by the Supreme Court of Judicature (Amendment) Act 1993 and the rules passed pursuant thereto) and the circumstances of this case entitles our client to request for full particulars and ask questions in respect of the said operation. The purpose is to make available material documents and information to enable a prospective claimant to assess the merits of a claim before legal action is launched. In the event that such a request is not complied with, our client shall be compelled to apply to the court to seek an appropriate order.

Please let us have a reply within seven days hereof. Our client shall pay reasonable costs for the documents and information requested for by this letter.

Yours faithfully,

Perry Mason Tan & Partners

Raffleslaw.com

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