Foo Chee Boon Edward v Singapore Medical Council: Appeal Against Suspension for Inadequate Medical Records
Dr. Foo Chee Boon Edward appealed to the High Court of Singapore against the decision of the Disciplinary Tribunal to suspend him for three months for failing to keep clear and accurate medical records. The Singapore Medical Council was the respondent. The court, led by Sundaresh Menon CJ, Andrew Phang Boon Leong JA, and Woo Bih Li J, allowed the appeal, setting aside the conviction and sentence, finding that the threshold for disciplinary action was not met.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Conviction and sentence set aside.
1.3 Case Type
Regulatory
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Dr. Foo Chee Boon Edward appeals against a suspension for failing to keep clear medical records. The court set aside the conviction, finding the threshold for disciplinary action was not met.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Foo Chee Boon Edward | Appellant | Individual | Appeal Allowed | Won | Lin Ming Khin, Gan Guo Wei, Tanaya Shekhar Kinjavdekar, Kwok Chong Xin Dominic |
| Singapore Medical Council | Respondent | Statutory Board | Appeal Dismissed | Lost | Philip Fong Yeng Fatt, Sui Yi Siong (Xu Yixiong), William Khoo Wei Ming |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Judge of Appeal | No |
| Woo Bih Li | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lin Ming Khin | Charles Lin LLC |
| Gan Guo Wei | Charles Lin LLC |
| Tanaya Shekhar Kinjavdekar | Charles Lin LLC |
| Kwok Chong Xin Dominic | Charles Lin LLC |
| Philip Fong Yeng Fatt | Eversheds Harry Elias LLP |
| Sui Yi Siong (Xu Yixiong) | Eversheds Harry Elias LLP |
| William Khoo Wei Ming | Eversheds Harry Elias LLP |
4. Facts
- Dr. Foo, a general surgeon, faced charges of failing to keep clear medical records.
- The patient consulted Dr. Foo and was diagnosed with rectal cancer.
- Dr. Foo explained treatment options and risks to the patient.
- The patient initially deferred treatment due to financial concerns.
- Dr. Heng documented the patient's consent for procedures.
- The patient developed complications and passed away after the procedures.
- The Singapore Medical Council prosecuted Dr. Foo for inadequate documentation.
5. Formal Citations
- Foo Chee Boon Edward v Singapore Medical Council, Originating Summons No 7 of 2019, [2020] SGHC 24
6. Timeline
| Date | Event |
|---|---|
| Patient first consulted Dr. Foo at Parkway East Hospital. | |
| Patient contacted Dr. Foo again to seek treatment. | |
| Dr. Heng conducted tests on the patient. | |
| Patient gave written consent for procedures. | |
| Procedures were performed on the patient. | |
| Patient passed away. | |
| Originating Summons No 7 of 2019 filed. | |
| Judgment delivered. |
7. Legal Issues
- Professional Misconduct
- Outcome: The court held that the threshold for professional misconduct was not met based on the facts and evidence.
- Category: Substantive
- Sub-Issues:
- Inadequate documentation of medical records
- Failure to personally record patient's consent
- Related Cases:
- [2019] 5 SLR 739
8. Remedies Sought
- Appeal against suspension
9. Cause of Actions
- Professional Misconduct
10. Practice Areas
- Disciplinary Proceedings
- Healthcare Regulation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Singapore Medical Council v Lim Lian Arn | High Court | Yes | [2019] 5 SLR 739 | Singapore | Cited for the principle that the threshold for disciplinary action against a medical practitioner is high and requires serious negligence amounting to an abuse of privileges. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Professional misconduct
- Medical records
- Patient consent
- Disciplinary Tribunal
- Suspension
- Negligence
15.2 Keywords
- medical
- negligence
- professional misconduct
- Singapore
- medical council
- records
- consent
16. Subjects
- Medical Profession
- Professional Ethics
- Healthcare Regulation
17. Areas of Law
- Medical Law
- Regulatory Law
- Professional Misconduct