Rockwills Trustee v Wong Meng Hang: Negligence in Liposuction Procedure and Assessment of Damages

In Rockwills Trustee Ltd v Wong Meng Hang, the High Court of Singapore addressed a claim brought by Rockwills Trustee Ltd, as administrators of the estate of Franklin Heng Ang Tee, against Dr. Wong Meng Hang and others, for negligence resulting in Mr. Heng's death during a liposuction procedure. The court, presided over by Choo Han Teck J, assessed damages payable to the plaintiff, including claims for pain and suffering, coroner's inquiry fees, funeral expenses, loss of support for dependants, and loss of inheritance. The court awarded a total sum of $5,260,653.58 to the plaintiff.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff; damages awarded.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Rockwills Trustee sues Wong Meng Hang for negligence in a liposuction procedure that resulted in death. The court assesses damages for pain, suffering, and loss of inheritance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ZHU XIU CHUN @ MYINT MYINT KYIDefendantIndividualJudgment against DefendantLost
Rockwills Trustee LtdPlaintiffCorporationJudgment for PlaintiffWon
Reves Clinic Pte LtdDefendantCorporationInterlocutory judgment against DefendantDefault
Wong Meng Hang (Huang Minghan)DefendantIndividualJudgment against DefendantLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Dr Myint SoeMyintSoe & Selvaraj
Srinivasan SelvarajMyintSoe & Selvaraj
Kuah Boon ThengLegal Clinic LLC
Alicia Zhuang BaolingLegal Clinic LLC
Christopher Chong Fook ChoyRodyk & Davidson LLP
Melvin See Hsien HueiRodyk & Davidson LLP

4. Facts

  1. The deceased underwent a liposuction procedure performed by the first and second defendants.
  2. The deceased asphyxiated during the procedure and could not be revived.
  3. The plaintiff is the administrator of the deceased's estate.
  4. The deceased was the Chief Executive Officer of YTL Starhill Global REIT Management Limited.
  5. The deceased had two children and was divorced from his former wife.
  6. Liability was admitted by the first and second defendants.
  7. The deceased was paying maintenance of $9,000 a month to his former wife and children.

5. Formal Citations

  1. Rockwills Trustee Ltd (administrators of the estate of and on behalf of the dependants of Heng Ang Tee Franklin, deceased) v Wong Meng Hang and others, Suit No 165 of 2011 (Assessment of Damages No 25 of 2014), [2015] SGHC 138

6. Timeline

DateEvent
Liposuction procedure performed on Franklin Heng Ang Tee
Action brought by the plaintiff
Interlocutory judgment entered against the third defendant
Liability admitted by the first and second defendants
Decree Nisi for divorce obtained
Judgment reserved
Decision Date
Appeals allowed in part and application dismissed by the Court of Appeal

7. Legal Issues

  1. Negligence
    • Outcome: The court found the first and second defendants negligent in performing the surgery and failing to properly monitor the deceased's condition.
    • Category: Substantive
    • Sub-Issues:
      • Failure to properly monitor patient's condition
      • Negligence in performing surgery
  2. Assessment of Damages
    • Outcome: The court assessed damages for pain and suffering, loss of support, and loss of inheritance.
    • Category: Procedural
    • Sub-Issues:
      • Loss of support
      • Loss of inheritance
      • Pain and suffering
  3. Dependency Claim
    • Outcome: The court assessed the dependency claims of the deceased's mother, former wife, and children.
    • Category: Substantive
    • Sub-Issues:
      • Calculation of loss of support
      • Determination of dependency period
    • Related Cases:
      • [2008] 1 SLR(R) 409
  4. Loss of Inheritance
    • Outcome: The court determined the loss of inheritance claim based on the amount of wealth the deceased would have accumulated but for his death.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of deceased's assets
      • Discount rate for future cash flows

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence
  • Breach of Contract

10. Practice Areas

  • Personal Injury
  • Medical Malpractice
  • Litigation

11. Industries

  • Healthcare
  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Hanson Ingird Christina and others v Tan Puey Tze and another appealHigh CourtYes[2008] 1 SLR(R) 409SingaporeCited for the principle that assessing dependency is similar to assessing maintenance in matrimonial proceedings.
Balanalagirisamy Gowri Rajeswari and another (administrators of the estate of Radhakrishnan Hari Babu, deceased) v Wong Si WahHigh CourtYes[2009] 1 SLR(R) 819SingaporeCited for the principle that the longer the period of dependency, the greater would be the percentage reduction to take into account the vicissitudes of life and the investment value of receiving a lump sum payment in an award.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Civil Law Act (Cap 43, 1999 Rev Ed)Singapore
Trustees Act (Cap 337, 2005 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Liposuction
  • Negligence
  • Damages
  • Dependency Claim
  • Loss of Inheritance
  • Discount Rate
  • Maintenance Order
  • Interlocutory Judgment
  • Coroner's Inquiry
  • Trustees Act

15.2 Keywords

  • negligence
  • liposuction
  • damages
  • loss of inheritance
  • dependency claim
  • medical malpractice

17. Areas of Law

Area NameRelevance Score
Liposuction Malpractice90
Medical Malpractice90
Damages80
Dependency Claim75
Wrongful Death70
Loss of Inheritance65
Personal Injury60
Succession Law50
Family Law40
Civil Procedure30
Trust Law30

16. Subjects

  • Medical Law
  • Personal Injury Law
  • Damages Assessment