Ho Wah Nam v Tan Kim Siang Luke: Assessment of Damages for Cardiac Arrest During Stapedectomy
In Ho Wah Nam v Tan Kim Siang Luke, the High Court of Singapore assessed damages for the plaintiff, Ho Wah Nam, who suffered a cardiac arrest during a stapedectomy performed by the first defendant, Tan Kim Siang Luke, with the second defendant as the anaesthetist, at the third defendant's hospital. The court, led by Assistant Registrar Tan Teck Ping Karen, awarded damages for pain and suffering related to the cardiac arrest and special damages, but rejected claims for heart damage, psychiatric illness, aches, pains, headaches, brain injury, and some special damages due to lack of evidence. The court's decision was made on November 7, 2012.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Damages awarded to the Plaintiff.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Assessment of damages for Ho Wah Nam, who suffered a cardiac arrest during a stapedectomy performed by Tan Kim Siang Luke. The court awarded damages for pain and suffering.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ho Wah Nam | Plaintiff | Individual | Damages Awarded | Partial | Prabhakaran Nair |
| Tan Kim Siang Luke | Defendant | Individual | Damages Assessed | Lost | Mak Wei Munn, Jacqueline Chua Sin Yen |
| Second Defendant | Defendant | Individual | Damages Assessed | Lost | Mak Wei Munn, Jacqueline Chua Sin Yen |
| Third Defendant | Defendant | Corporation | Damages Assessed | Lost | Lek Siang Pheng, Benjamin Yam |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Teck Ping Karen | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Prabhakaran Nair | Derrick Wong & Lim BC LLP |
| Mak Wei Munn | Allen & Gledhill LLP |
| Jacqueline Chua Sin Yen | Allen & Gledhill LLP |
| Lek Siang Pheng | Rodyk & Davidson LLP |
| Benjamin Yam | Rodyk & Davidson LLP |
4. Facts
- The Plaintiff consulted the 1st Defendant, an ENT consultant, for a hearing ailment.
- The 1st Defendant advised the Plaintiff to undergo a stapedectomy.
- The Plaintiff agreed to the procedure, which was scheduled at the 3rd Defendant's hospital.
- The 2nd Defendant was the anaesthetist during the procedure.
- The Plaintiff suffered a cardiac arrest during the procedure, which was then aborted.
- The Plaintiff was resuscitated and discharged from the hospital on 14 August 2008.
- The Plaintiff claimed damages for pain, trauma, suffering, and permanent heart damage.
5. Formal Citations
- Ho Wah Nam v Tan Kim Siang Luke, Suit No 130 of 2010, [2012] SGHCR 17
6. Timeline
| Date | Event |
|---|---|
| Plaintiff consulted the 1st Defendant regarding a hearing ailment. | |
| Plaintiff underwent a stapedectomy, during which he suffered a cardiac arrest. | |
| Plaintiff was discharged from the 3rd Defendant’s hospital. | |
| Plaintiff underwent a Transthoracic Echocardiogram at the National University Hospital. | |
| Court ordered assessment of damages. | |
| Hearing of the assessment of damages. | |
| Judgment reserved. |
7. Legal Issues
- Assessment of Damages
- Outcome: The court determined the amount of damages to be awarded to the Plaintiff, considering claims for cardiac arrest, heart damage, psychiatric illness, aches, pains, headaches, brain injury, and special damages.
- Category: Substantive
- Sub-Issues:
- Causation of damages
- Proof of damages
- Burden of proof
- Related Cases:
- [2004] 1 SLR(R) 628
- [2006] 3 SLR(R) 769
- [1964] AC 326
- Burden of Proof
- Outcome: The court reiterated that the burden of proof lies with the Plaintiff to provide evidence supporting the claim for damages.
- Category: Procedural
- Related Cases:
- [2004] 1 SLR(R) 628
- Adverse Inference
- Outcome: The court declined to draw an adverse inference against the 1st and 2nd Defendants for not giving evidence, as the Plaintiff had not produced sufficient evidence for them to rebut.
- Category: Procedural
- Related Cases:
- [2004] 1 SLR(R) 628
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Medical Negligence
- Breach of Duty of Care
10. Practice Areas
- Personal Injury
- Medical Malpractice
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Cheong Ghim Fah and another v Murugian s/o Rangasamy | High Court | Yes | [2004] 1 SLR(R) 628 | Singapore | Cited for the principle that the burden of proof lies on the plaintiff to establish facts that will precipitate a decision in his favour. |
| Jet Holdings Ltd and others v Cooper Cameron (Singapore) Pte Ltd and another and other appeals | Court of Appeal | Yes | [2006] 3 SLR(R) 769 | Singapore | Cited regarding the proof of contents of documents in an agreed bundle of documents. |
| H.West & Son Ltd and Another v Shepherd | House of Lords | Yes | [1964] AC 326 | England and Wales | Cited regarding the plaintiff's awareness of events during the procedure and its impact on damages. |
| Dobler v Kenneth Halverson and Ors | New South Wales Court of Appeal | Yes | [2007] NSWCA 335 | Australia | Cited by the plaintiff to support the quantum of damages claimed, but the court found it unhelpful due to significant differences in the facts. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Stapedectomy
- Cardiac Arrest
- Assessment of Damages
- Medical Negligence
- Burden of Proof
- General Damages
- Special Damages
15.2 Keywords
- Medical negligence
- cardiac arrest
- damages
- stapedectomy
- Singapore
- High Court
16. Subjects
- Medical Law
- Personal Injury Law
- Civil Litigation
17. Areas of Law
- Medical Negligence
- Civil Procedure
- Assessment of Damages