Yong Thiam Look Peter v Singapore Medical Council: Appeal Against Suspension for Medical Misconduct
Dr. Yong Thiam Look Peter, a general practitioner, appealed to the Court of Three Judges against a six-month suspension imposed by the Disciplinary Tribunal of the Singapore Medical Council for professional misconduct. The charges included failure to obtain informed consent from a patient, inadequate record-keeping, and performing a surgical procedure in an unsuitable environment. The Court dismissed the appeal, finding the suspension neither wrong in principle nor manifestly excessive.
1. Case Overview
1.1 Court
Court of Three Judges of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Regulatory
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Dr. Yong Thiam Look Peter appeals a six-month suspension for professional misconduct, including failure to obtain informed consent and maintain proper medical records. The Court dismissed the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Singapore Medical Council | Respondent | Statutory Board | Appeal Dismissed | Won | |
| YONG THIAM LOOK PETER | Applicant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Judge of Appeal | No |
| Judith Prakash | Judge of Appeal | No |
4. Counsels
4. Facts
- Dr. Yong performed a trigger finger release procedure on a patient at his clinic.
- Dr. Yong failed to adequately explain the nature, benefits, and risks of the surgery to the patient.
- Dr. Yong did not discuss alternative treatments with the patient.
- Dr. Yong performed the surgery on a consultation table instead of a procedure room or operating theatre.
- Dr. Yong kept inadequate and illegible medical records of the patient's treatment.
- The patient sought a second opinion at Singapore General Hospital and required further treatment.
- Dr. Yong had prior disciplinary proceedings against him for similar conduct.
5. Formal Citations
- Yong Thiam Look Peter v Singapore Medical Council, Originating Summons No 4 of 2016, [2017] SGHC 10
6. Timeline
| Date | Event |
|---|---|
| Patient visited the Clinic for pain in his left middle finger. | |
| Patient visited the Clinic for pain in his left middle finger. | |
| Dr. Yong advised the Patient to undergo a trigger finger release procedure. | |
| Dr. Yong performed the Surgery at the consultation table in his Clinic. | |
| Patient was to be reviewed. | |
| Patient visited Dr. Yong for follow-up treatment and wound cleaning. | |
| Patient sought a second medical opinion from Singapore General Hospital. | |
| Patient filed a complaint with the SMC. | |
| SMC sent Dr. Yong a Notice of Inquiry. | |
| Dr. Yong pleaded guilty to the three charges before the DT. | |
| DT imposed a six-month suspension, a $10,000 fine, and a censure on Dr. Yong. | |
| Court of Three Judges heard the appeal. | |
| Dr. Yong’s suspension is to take effect. |
7. Legal Issues
- Professional Misconduct
- Outcome: The court upheld the Disciplinary Tribunal's finding of professional misconduct.
- Category: Substantive
- Sub-Issues:
- Failure to obtain informed consent
- Inadequate record-keeping
- Failure to provide professional services of a reasonable quality
- Manifestly Excessive Sentence
- Outcome: The court found that the six-month suspension was not manifestly excessive.
- Category: Procedural
8. Remedies Sought
- Setting aside or reduction of the six-month suspension
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 |
|---|---|---|---|---|---|
| Lee Kim Kwong v Singapore Medical Council | Singapore Court of Appeal | Yes | [2014] 4 SLR 113 | Singapore | Cited for the principle that fidelity to precedent should not lead to ossification of the law in medical disciplinary cases. |
| Singapore Medical Council v Kwan Kah Yee | Singapore Court of Appeal | Yes | [2015] 5 SLR 201 | Singapore | Cited as an example where the court recalibrated sentences, finding previous precedents in relation to improper certification of death to be inexplicably lenient. |
| Singapore Medical Council v Wong Him Choon | Singapore Court of Appeal | Yes | [2016] 4 SLR 1086 | Singapore | Cited as an example where the court recalibrated sentences, observing that the sentences reflected in some of the relevant precedents ought in fact to have been heavier. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Medical Registration Act (Cap 174, 2014 Rev Ed) s 53(1)(d) | Singapore |
| Medical Registration Act (Cap 174, 2014 Rev Ed) s 53(1)(e) | Singapore |
| Medical Registration Act (Cap 174) Section 55(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Professional misconduct
- Informed consent
- Medical records
- Disciplinary Tribunal
- Suspension
- Medical Registration Act
- Ethical Code and Ethical Guidelines
- Trigger finger release procedure
15.2 Keywords
- Medical misconduct
- Singapore Medical Council
- Disciplinary Tribunal
- Informed consent
- Medical negligence
- Suspension
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Medical Registration Act | 90 |
| Professional conduct | 90 |
| Informed consent | 80 |
| Patient Autonomy | 70 |
| Medical Negligence | 70 |
| Medical Malpractice | 60 |
| Healthcare Law | 60 |
| Breach of Duty | 50 |
16. Subjects
- Medical Profession
- Professional Conduct
- Medical Ethics
- Disciplinary Proceedings