Zeleenah Begum v KK Women’s & Children’s Hospital: Discontinuance of Claim Due to Procedural Delay

Zeleenah Begum appealed to the High Court against the District Judge's dismissal of her application to restore her claim against KK Women’s & Children’s Hospital for a radial nerve injury allegedly sustained during a medical check-up in 2007. The claim was deemed discontinued under Order 21 r 2(6) of the Rules of Court due to the plaintiff's delay in filing the summons for directions. Choo Han Teck J dismissed the appeal, finding no grounds to reinstate the claim and ordering the appellant to pay costs.

1. Case Overview

1.1 Court

High Court of Singapore

1.2 Outcome

Appeal dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal dismissed due to procedural delays in filing the statement of claim. The court found no grounds to reinstate the claim against the hospital.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Zeleenah BegumAppellantIndividualAppeal dismissedLost
KK Women’s & Children’s Hospital Pte Ltd trading as KK Women’s & Children’s HospitalRespondentCorporationAppeal upheldWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Daniel Atticus XuExodus Law Corporation
Karen YongLegal Clinic LLC

4. Facts

  1. Appellant was a patient at KK Women’s & Children’s Hospital on 29 May 2007.
  2. An intravenous drip was inserted into her hand.
  3. Appellant developed a radial nerve injury.
  4. Writ was filed on 20 November 2012.
  5. Statement of claim was filed late.
  6. Summons for directions was filed more than 12 months after the defence was filed.
  7. Application to restore the action was dismissed by the Deputy Registrar and District Judge.

5. Formal Citations

  1. Zeleenah BegumvKK Women’s & Children’s Hospital Pte Ltd(trading as KK Women’s & Children’s Hospital), HC/RAS No 15 of 2017 (DC Suit No 3343 of 2012), [2017] SGHC 126

6. Timeline

DateEvent
Medical check-up at KK Women’s & Children’s Hospital
Radial nerve injury allegedly occurred
Writ filed
Extension of time granted to file statement of claim
Statement of claim filed
Defence filed
Summons for directions filed
District Court/Summons No 3065 of 2016 filed
Hearing date
Judgment date

7. Legal Issues

  1. Discontinuance of Action
    • Outcome: The court held that the action was deemed discontinued due to the plaintiff's failure to file the summons for directions within the prescribed time.
    • Category: Procedural
    • Sub-Issues:
      • Failure to take steps in action within prescribed time
      • Application for leave to restore action

8. Remedies Sought

  1. Damages for radial nerve injury

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Litigation

11. Industries

  • Healthcare

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of CourtSingapore
Rules of Court (Cap 322, R 5, 2014 Rev Ed)Singapore
Order 21 r 2(6) of the Rules of CourtSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Discontinuance
  • Extension of time
  • Statement of claim
  • Summons for directions
  • Radial nerve injury
  • Medical negligence

15.2 Keywords

  • Discontinuance
  • Medical negligence
  • Rules of Court
  • Singapore
  • Civil Procedure

17. Areas of Law

Area NameRelevance Score
Civil Practice70
Medical Malpractice60
Personal Injury50
Breach of Duty of Care40
Radial Nerve Injury40
Evidence30

16. Subjects

  • Civil Procedure
  • Medical Negligence