Yip Man Hing Kevin v Singapore Medical Council: Professional Misconduct & Adequacy of Sick Leave for Construction Worker
Dr. Kevin Yip Man Hing appealed against the Disciplinary Tribunal's decision finding him guilty of professional misconduct in treating Mr. Zhang Ru Lin, a construction worker, for a fractured clavicle and ribs, by prescribing insufficient sick leave and certifying him fit for light duties too soon. The Singapore Medical Council cross-appealed, arguing for a higher sentence. The High Court dismissed Dr. Yip's appeal and allowed the SMC's appeal, increasing the suspension to eight months, finding Dr. Yip disregarded the patient's welfare.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Dr. Yip's appeal dismissed; Singapore Medical Council's appeal allowed, increasing suspension to eight months.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding professional misconduct of Dr. Yip for inadequate sick leave to a construction worker. The court dismissed the appeal and increased suspension.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Kevin Yip Man Hing | Appellant | Individual | Appeal Dismissed | Lost | Navin Joseph Lobo, Shaun Oon Kim San, Cheng Liqi, Yap Chun Kai |
| Singapore Medical Council | Respondent, Appellant | Statutory Board | Appeal Allowed | Won | Chang Man Phing Jenny, Chua Sin Yen Jacqueline, Lim Wan Yu Cheronne |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judge of Appeal | Yes |
| Judith Prakash | Judge of Appeal | No |
| Quentin Loh | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Navin Joseph Lobo | Bird & Bird ATMD LLP |
| Shaun Oon Kim San | Bird & Bird ATMD LLP |
| Cheng Liqi | Bird & Bird ATMD LLP |
| Yap Chun Kai | Bird & Bird ATMD LLP |
| Chang Man Phing Jenny | WongPartnership LLP |
| Chua Sin Yen Jacqueline | WongPartnership LLP |
| Lim Wan Yu Cheronne | WongPartnership LLP |
4. Facts
- Patient, a construction worker, fell from scaffolding and suffered multiple injuries.
- Dr. Yip performed surgery on the patient's fractured clavicle.
- Dr. Yip gave the patient sick leave for two days and certified him fit for light duties thereafter.
- Patient complained of persistent giddiness and chest pain and was hospitalized.
- Complaint was lodged with the SMC alleging inadequate sick leave.
- Dr. Yip claimed he discussed light duties with the patient, but this was not documented.
- The Disciplinary Tribunal found Dr. Yip guilty of professional misconduct.
5. Formal Citations
- Yip Man Hing Kevin v Singapore Medical Council and another matter, Originating Summonses Nos 8 and 9 of 2018, [2019] SGHC 102
6. Timeline
| Date | Event |
|---|---|
| Patient fell from scaffolding platform and was brought to the Clinic. | |
| Dr. Yip examined the Patient and recommended surgical treatment. | |
| Dr. Yip performed ORIF surgery on Patient's right clavicle. | |
| Patient was discharged and given sick leave for 7 to 8 July 2011. | |
| Patient certified fit for light duties from 9 to 11 July 2011. | |
| Patient attended first follow-up review. | |
| Patient certified fit for light duties from 12 to 18 July 2011. | |
| Patient attended second follow-up review. | |
| Patient certified fit for light duties from 19 to 25 July 2011. | |
| Patient went to Tan Tock Seng Hospital Emergency Department. | |
| Patient was discharged with hospitalisation leave from 22 to 28 July 2011. | |
| Complaint lodged with the SMC against Dr. Yip. | |
| Dr. Yip was informed about the Complaint by the Investigation Unit of the SMC. | |
| Dr. Yip gave his Explanation to the Complaints Committee. | |
| Dr. Yip was notified by the Complaints Committee that a formal inquiry would be convened. | |
| Notice of Inquiry was issued. | |
| Disciplinary Tribunal delivered its grounds of decision. | |
| Originating Summons No 8 of 2018 was Dr. Yip’s appeal against conviction and sentence. | |
| Originating Summons No 9 of 2018 was the Singapore Medical Council’s appeal against the sentence imposed. | |
| Judgment reserved. | |
| Judgment delivered. |
7. Legal Issues
- Professional Misconduct
- Outcome: The court found Dr. Yip guilty of professional misconduct.
- Category: Substantive
- Sub-Issues:
- Failure to provide adequate sick leave
- Inappropriate certification for light duties
- Disregard for patient welfare
- Adequacy of Sick Leave
- Outcome: The court determined that Dr. Yip failed to ensure adequate sick leave was given.
- Category: Substantive
- Sub-Issues:
- Post-operative care
- Assessment of patient's condition
- Consideration of patient's occupation
- Sentencing
- Outcome: The court increased the suspension period from five to eight months.
- Category: Procedural
- Sub-Issues:
- Aggravating factors
- Mitigating factors (delay)
- Parity of sentencing
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
- Increased sentence
9. Cause of Actions
- Professional Misconduct
10. Practice Areas
- Healthcare Regulation
- Medical Malpractice
11. Industries
- Healthcare
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Singapore Medical Council v Wong Him Choon | Court of Appeal | Yes | [2016] 4 SLR 1086 | Singapore | Cited as a key precedent regarding the duties and responsibilities of doctors, particularly concerning patient welfare and perspective. |
| Low Cze Hong v Singapore Medical Council | High Court | Yes | [2008] 3 SLR(R) 612 | Singapore | Cited for the definition of professional misconduct under the Medical Registration Act, specifically the two limbs of intentional departure from standards and serious negligence. |
| In the Matter of Dr Sanjay Srinivasan | Disciplinary Tribunal | Yes | [2017] SMCDT 1 | Singapore | Cited as a sentencing precedent, but distinguished due to the present facts being considered more aggravated. |
| Ang Pek San Lawrence v Singapore Medical Council | High Court | Yes | [2015] 1 SLR 436 | Singapore | Cited regarding the appropriate degree of respect to be accorded to a Disciplinary Tribunal's decision. |
| Singapore Medical Council v Mohd Syamsul Alam bin Ismail | High Court | Yes | [2019] SGHC 58 | Singapore | Cited regarding the importance of contemporaneous clinical notes and the weight given to recollections without such notes. |
| Ang Peng Tiam v Singapore Medical Council and another matter | High Court | Yes | [2017] 5 SLR 356 | Singapore | Cited regarding the factors to be considered when delay in proceedings is raised as a mitigating factor. |
| Jen Shek Wei v Singapore Medical Council | High Court | Yes | [2018] 3 SLR 943 | Singapore | Cited as a case where a discount was given in respect of the suspension imposed due to delay. |
| Tan Kiang Kwang v Public Prosecutor | Court of Appeal | Yes | [1995] 3 SLR(R) 746 | Singapore | Cited regarding the factors to be considered when delay in proceedings is raised as a mitigating factor. |
| Lim Mey Lee Susan v Singapore Medical Council | High Court | Yes | [2013] 3 SLR 900 | Singapore | Cited regarding the overarching duty of a doctor and the principles of common humanity. |
| Low Cze Hong v Singapore Medical Council | High Court | Yes | [2008] 3 SLR(R) 612 | Singapore | Cited regarding the importance of maintaining the highest level of professionalism and ethical conduct in the medical profession. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Medical Registration Act (Cap 174, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sick leave
- Light duties
- Professional misconduct
- Disciplinary Tribunal
- Medical Registration Act
- Post-operative care
- Inordinate delay
- Patient welfare
- Ethical Code and Guidelines
- Construction worker
15.2 Keywords
- Medical negligence
- Professional ethics
- Sick leave
- Construction worker
- Singapore Medical Council
- Disciplinary proceedings
16. Subjects
- Medical Ethics
- Professional Regulation
- Healthcare
- Labour Law
17. Areas of Law
- Medical Law
- Professional Misconduct
- Regulatory Law