Lee Kim Kwong v Singapore Medical Council: Professional Misconduct in Caesarean Section
Dr. Lee Kim Kwong appealed against the Disciplinary Committee's (DC) decision finding him guilty of professional misconduct for commencing a caesarean section on a patient without ensuring the anaesthesia had taken full effect. The High Court dismissed the appeal against conviction but allowed the appeal against the sentence, reducing the suspension period from nine to five months. The court found that Dr. Lee had a primary obligation to ensure the effectiveness of the anaesthesia and that his actions constituted serious negligence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part; period of suspension reduced from nine to five months.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Medical practitioner Lee Kim Kwong appealed against a professional misconduct charge for commencing a caesarean section without ensuring anesthesia effectiveness. Appeal dismissed, suspension reduced.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lee Kim Kwong | Appellant | Individual | Appeal against conviction dismissed; appeal against sentence allowed in part | Partial | Lek Siang Pheng, Lim Xiu Zhen, Ang Yi Rong |
| Singapore Medical Council | Respondent | Statutory Board | Appeal against conviction upheld; appeal against sentence partially upheld | Partial | Tan Chee Meng, Chang Man Phing, Ng Shu Ping, Jocelyn Ngiam |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| Quentin Loh | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lek Siang Pheng | Rodyk & Davidson LLP |
| Lim Xiu Zhen | Rodyk & Davidson LLP |
| Ang Yi Rong | Rodyk & Davidson LLP |
| Tan Chee Meng | WongPartnership LLP |
| Chang Man Phing | WongPartnership LLP |
| Ng Shu Ping | WongPartnership LLP |
| Jocelyn Ngiam | WongPartnership LLP |
4. Facts
- The Appellant, a registered medical practitioner, performed a caesarean section on the Complainant.
- The Complainant expressed pain during the procedure.
- The Appellant commenced the procedure without ensuring the anaesthesia had taken full effect.
- The Disciplinary Committee found the Appellant guilty of professional misconduct.
- The Appellant sought to set aside the Disciplinary Committee's order.
- The High Court dismissed the appeal against conviction but reduced the period of suspension.
5. Formal Citations
- Lee Kim Kwong v Singapore Medical Council, Originating Summons No 1177 of 2013, [2014] SGHC 151
- Low Cze Hong v Singapore Medical Council, , [2008] 3 SLR(R) 612
- Gan Keng Seng Eric v Singapore Medical Council, , [2011] 1 SLR 745
6. Timeline
| Date | Event |
|---|---|
| Complainant first saw the Appellant for management of her first pregnancy. | |
| Appellant safely delivered Complainant's first child via lower segment caesarean section. | |
| Appellant performed a lower segment caesarean section on the Complainant. | |
| Complainant was administered with an epidural injection of local anaesthetic. | |
| Originating Summons No 1177 of 2013 filed. | |
| High Court dismissed the appeal against conviction but allowed the appeal against the sentence. |
7. Legal Issues
- Professional Misconduct
- Outcome: The court found the Appellant guilty of professional misconduct under the second limb of the Low Cze Hong test, citing serious negligence.
- Category: Substantive
- Sub-Issues:
- Failure to ensure anaesthesia effectiveness
- Departure from accepted medical standards
- Serious negligence
8. Remedies Sought
- Setting aside the Disciplinary Committee's order
- Reduction of the suspension period
9. Cause of Actions
- Professional Misconduct
10. Practice Areas
- Disciplinary Proceedings
- Medical Negligence
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Low Cze Hong v Singapore Medical Council | High Court | Yes | [2008] 3 SLR(R) 612 | Singapore | Cited for the definition of professional misconduct, specifically the two limbs: intentional departure from standards and serious negligence. |
| Gan Keng Seng Eric v Singapore Medical Council | High Court | Yes | [2011] 1 SLR 745 | Singapore | Cited as a sentencing precedent for professional misconduct involving wilful neglect and gross mismanagement of post-operative treatment. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Medical Registration Act (Cap. 174) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Caesarean section
- Professional misconduct
- Epidural anaesthesia
- Disciplinary Committee
- Medical Registration Act
- Standards of professional conduct
15.2 Keywords
- medical
- professional misconduct
- Singapore Medical Council
- caesarean section
- anaesthesia
- negligence
16. Subjects
- Medical Disciplinary Proceedings
- Medical Negligence
- Professional Ethics
17. Areas of Law
- Medical Law
- Regulatory Law
- Professional Misconduct