Singapore Medical Council v. Looi Kok Poh: Professional Misconduct & Medical Leave

Dr. Looi Kok Poh appealed to the High Court of Singapore against the Singapore Medical Council's (SMC) decision. The Disciplinary Tribunal found Dr. Looi guilty of professional misconduct for failing to ensure adequate medical leave for a patient. The High Court, comprising Sundaresh Menon CJ, Judith Prakash JA, and Tay Yong Kwang JA, allowed Dr. Looi's appeal, setting aside the conviction and related orders. The court found that the SMC failed to prove Dr. Looi departed from the applicable standard of conduct.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Regulatory

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Dr. Looi Kok Poh appealed against a conviction for professional misconduct related to inadequate medical leave for a patient. The High Court allowed the appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Singapore Medical CouncilAppellant, RespondentStatutory BoardAppeal DismissedLost
Looi Kok PohRespondent, AppellantIndividualAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeNo
Judith PrakashJudge of AppealYes
Tay Yong KwangJudgeNo

4. Counsels

Counsel NameOrganization
Choo Poh Hua JosephineWongPartnership LLP
Dynyse LohWongPartnership LLP
Phang CunkuangCharles Lin LLC
Lim MinStraits Law Practice LLC
N SreenivasanStraits Law Practice LLC
Tanaya KinjavdekarCharles Lin LLC

4. Facts

  1. Dr. Looi performed thenar flap surgery on the patient's injured finger.
  2. The patient was a welder who sustained a crush injury to his right middle finger.
  3. Dr. Looi initially prescribed one day of medical leave and seven days of light duties.
  4. The Singapore Medical Council alleged Dr. Looi failed to ensure adequate medical leave was given.
  5. The Disciplinary Tribunal found Dr. Looi guilty of professional misconduct.
  6. The patient visited Singapore General Hospital complaining of pain after the surgery.
  7. The patient refused Dr. Looi's offer of one week of medical leave at a review session.

5. Formal Citations

  1. Singapore Medical Council v Looi Kok Poh and another matter, Originating Summonses Nos 11 and 12 of 2018, [2019] SGHC 134

6. Timeline

DateEvent
Patient sustained a crush injury to his right middle finger
Dr. Looi performed the first stage of thenar flap surgery on the patient's finger
Patient was discharged with two days of medical leave
Dr. Looi certified the patient fit for light duties from 12 to 22 August 2011
Patient visited Singapore General Hospital complaining of pain
Patient had a review with Dr. Looi and refused his offer of one week of medical leave
Patient returned to Singapore General Hospital and was seen by Dr. Sreedharan
Dr. Sreedharan performed the second stage surgery
Singapore Medical Council received the complaint
Dr. Looi was notified of the complaint
Dr. Looi submitted his explanation to the Singapore Medical Council
Singapore Medical Council issued the Notice of Inquiry to Dr. Looi
Notice of Inquiry was amended
Tribunal delivered its written decision
Hearing date
Judgment reserved

7. Legal Issues

  1. Professional Misconduct
    • Outcome: The High Court found that the Singapore Medical Council failed to prove that Dr. Looi had departed from the applicable standard of conduct.
    • Category: Substantive
    • Sub-Issues:
      • Failure to ensure adequate medical leave
      • Departure from standards of medical profession
  2. Standard of Care
    • Outcome: The High Court determined that the applicable standard of conduct allowed for either medical leave or light duties, provided adequate conditions for rest and rehabilitation were ascertained.
    • Category: Substantive
    • Sub-Issues:
      • Appropriateness of light duties versus medical leave
      • Assessment of patient's condition and work environment

8. Remedies Sought

  1. Appeal against conviction
  2. Appeal against sentence

9. Cause of Actions

  • Professional Misconduct

10. Practice Areas

  • Medical Malpractice
  • Disciplinary Proceedings

11. Industries

  • Healthcare

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Low Cze Hong v Singapore Medical CouncilHigh CourtYes[2008] 3 SLR(R) 612SingaporeCited for the test for professional misconduct.
Singapore Medical Council v Wong Him ChoonHigh CourtYes[2016] 4 SLR 1086SingaporeCited for the scope of review by the High Court and the findings required before intervention.
Yip Man Hing Kevin v Singapore Medical Council and another matterHigh CourtYes[2019] SGHC 102SingaporeCited for the scope of review by the High Court and the findings required before intervention.
Ang Pek San Lawrence v Singapore Medical CouncilHigh CourtYes[2015] 1 SLR 436SingaporeCited for the discrete elements that have to be proved by the SMC to substantiate a charge under the first limb of professional misconduct.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Medical Registration ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Medical leave
  • Light duties
  • Professional misconduct
  • Thenar flap surgery
  • Standard of care
  • Disciplinary proceedings
  • Medical Registration Act
  • Axial pattern thenar flap
  • Random pattern thenar flap

15.2 Keywords

  • Medical
  • Singapore
  • Professional Misconduct
  • Medical Leave
  • Regulatory
  • Healthcare

17. Areas of Law

Area NameRelevance Score
Professional conduct90
Medical Malpractice60
Medical Negligence60
Health Care50
Disciplinary Proceedings (Medical)40

16. Subjects

  • Medical Law
  • Professional Regulation