Eu Kong Weng v Singapore Medical Council: Appeal Against Disciplinary Committee's Decision on Professional Misconduct

Dr. Eu Kong Weng appealed against the Disciplinary Committee's decision finding him guilty of professional misconduct under the Medical Registration Act for failing to obtain informed consent from a patient, Ang Gee Kwang, for a staple haemorrhoidectomy. The High Court dismissed the appeal, upholding the Disciplinary Committee's decision and the imposed sentence of a three-month suspension, censure, written undertaking, and payment of 70% of the costs. The court emphasized the importance of obtaining informed consent before performing invasive surgery.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed with costs; Disciplinary Committee's order affirmed.

1.3 Case Type

Regulatory

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal by Dr. Eu Kong Weng against the Disciplinary Committee's decision finding him guilty of professional misconduct for failing to obtain informed consent. Appeal dismissed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Singapore Medical CouncilRespondentStatutory BoardOrder AffirmedWon
Eu Kong WengAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Chan Sek KeongChief JusticeYes
Andrew Phang Boon LeongJustice of the Court of AppealNo
V K RajahJustice of the Court of AppealNo

4. Counsels

Counsel NameOrganization
Tan Chee MengWongPartnership LLP
Chang Man PhingWongPartnership LLP
Kwek Lijun KyleeWongPartnership LLP
Ung Ewe Hong MaxineWongPartnership LLP
Tham Hsu HsienAllen & Gledhill LLP
Jacqueline ChuaAllen & Gledhill LLP
Edwin TongAllen & Gledhill LLP
Magdelene SimAllen & Gledhill LLP

4. Facts

  1. Ang consulted Dr. Eu and was diagnosed with fourth degree piles.
  2. Dr. Eu recommended a colonoscopy and staple haemorrhoidectomy (SH).
  3. Ang underwent SH on 13 July 2006.
  4. Ang alleged that Dr. Eu did not adequately discuss treatment options or the risks of SH.
  5. Dr. Eu claimed he discussed conventional haemorrhoidectomy and the risks of SH.
  6. The Disciplinary Committee (DC) believed Ang's testimony.
  7. The DC found that the case notes did not support Dr. Eu's claim of obtaining informed consent.

5. Formal Citations

  1. Eu Kong Weng v Singapore Medical Council, Originating Summons No 829 of 2010, [2011] SGHC 68

6. Timeline

DateEvent
Ang consulted Dr. Eu and was diagnosed with fourth degree piles.
Ang underwent staple haemorrhoidectomy.
Originating Summons No 829 of 2010
Judgment reserved.
Appeal dismissed with costs.
Deadline for Dr. Eu to make representations to the SMC.

7. Legal Issues

  1. Failure to Obtain Informed Consent
    • Outcome: The court upheld the Disciplinary Committee's finding that Dr. Eu failed to obtain informed consent from the patient.
    • Category: Substantive
    • Sub-Issues:
      • Lack of discussion of treatment options
      • Lack of discussion of risks and complications
  2. Appropriateness of Sentence
    • Outcome: The court upheld the sentence imposed by the Disciplinary Committee, finding that a suspension was warranted and that the minimum three-month suspension was mandated by law.
    • Category: Procedural

8. Remedies Sought

  1. Appeal against Disciplinary Committee's decision

9. Cause of Actions

  • Professional Misconduct

10. Practice Areas

  • Disciplinary Proceedings
  • Healthcare Regulation

11. Industries

  • Healthcare

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Medical Registration Act (Cap 174, 2004 Rev Ed) s 45(1)(d)Singapore
Medical Registration Act (Cap 174, 2004 Rev Ed) s 45(2)(b)Singapore
Medical Registration Act (Cap 174, 2004 Rev Ed) s 45(2)(d)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Informed consent
  • Staple haemorrhoidectomy
  • Professional misconduct
  • Disciplinary Committee
  • Medical Registration Act
  • Suspension
  • Censure

15.2 Keywords

  • medical
  • negligence
  • consent
  • surgery
  • Singapore

17. Areas of Law

Area NameRelevance Score
Medical Registration Act95
Informed consent95
Medical Ethics90
Medical Malpractice80
Professional conduct75
Medical Negligence70

16. Subjects

  • Medical Ethics
  • Professional Responsibility
  • Healthcare Law