Foo Chee Boon Edward v Seto Wei Meng: Negligence in Liposuction and Fat Transfer Procedure

Dr. Foo Chee Boon Edward appealed the High Court's decision finding him liable for negligence in a liposuction and fat transfer procedure performed on Ms. Yeong Soek Mun, who subsequently died. The respondents, Seto Wei Meng and Seto Mun Chap, sued on behalf of the deceased's estate and dependants. The Court of Appeal of Singapore upheld the finding of negligence, citing Dr. Foo's delay in calling for an ambulance after the deceased exhibited critical symptoms. While the appeal on liability was dismissed, the court partially allowed the appeal on the quantum of damages, reducing the overall award.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal dismissed in part. Liability upheld; quantum of damages reduced.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding negligence in a liposuction and fat transfer procedure. The court found the doctor liable for delaying calling an ambulance, leading to patient's death.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Foo Chee Boon EdwardAppellantIndividualAppeal dismissed in partPartial
Seto Wei MengRespondentIndividualJudgment for RespondentWon
Seto Mun ChapRespondentIndividualJudgment for RespondentWon
International Medical Group Holdings Pte LtdDefendantCorporationAction stayedStayed
TCS Medical Pte LtdDefendantCorporationAction stayedStayed
Singapore General Hospital Pte LtdThird PartyCorporationClaim discontinuedWithdrawn

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeNo
Andrew Phang Boon LeongJustice of the Court of AppealNo
Quentin LohJudge of the Appellate DivisionYes

4. Counsels

Counsel NameOrganization
Lim MinK&L Gates Straits Law LLC
Narayanan SreenivasanK&L Gates Straits Law LLC
Palaniappan SundararajK&L Gates Straits Law LLC
Kuah Boon ThengLegal Clinic LLC
Yong Shuk Lin VanessaLegal Clinic LLC
Valerie Thio Shu JunLegal Clinic LLC
Chain Xiao Jing FeliciaLegal Clinic LLC

4. Facts

  1. Dr. Foo performed liposuction and fat transfer on the Deceased on 28 June 2013.
  2. The Deceased's oxygen saturation level plummeted to 72% shortly after the surgical procedures.
  3. Dr. Chow and Dr. Shenthilkumar advised Dr. Foo to call for an ambulance.
  4. Dr. Foo delayed calling for an ambulance for 48 minutes.
  5. The Deceased suffered a cardiovascular collapse before the ambulance was called.
  6. The Deceased was diagnosed with pulmonary fat embolism (PFE).
  7. The Deceased passed away at SGH.

5. Formal Citations

  1. Foo Chee Boon Edward v Seto Wei Meng (suing as the administrator of the estateand on behalf of the dependants of Yeong Soek Mun, deceased) and another, Civil Appeal No 208 of 2020, [2021] SGCA 92
  2. Seto Wei Meng (suing as the administrator of the estate and on behalf of the dependants of Yeong Soek Mun, deceased) and another v Foo Chee Boon Edward and others (Singapore General Hospital Pte Ltd, third party), , [2020] SGHC 260

6. Timeline

DateEvent
Deceased underwent liposuction performed by Dr. Richard Teo.
Deceased underwent liposuction and fat transfer performed by Dr. Foo.
Deceased consulted Dr. Foo regarding residual hollows on her inner thighs.
Dr. Foo performed liposuction and fat transfer on the Deceased.
Deceased experienced breathing difficulties and decreased oxygen saturation.
Dr. Foo called for an ambulance.
Deceased arrived at the Accident and Emergency Department at SGH.
Deceased passed away.
Judge’s decision reported in Seto Wei Meng (suing as the administrator of the estate and on behalf of the dependants of Yeong Soek Mun, deceased) and another v Foo Chee Boon Edward and others (Singapore General Hospital Pte Ltd, third party) [2020] SGHC 260.
Civil Appeal No 208 of 2020 filed.
Judgment reserved.

7. Legal Issues

  1. Breach of Duty of Care
    • Outcome: The court found that Dr. Foo breached his duty of care by delaying calling for an ambulance.
    • Category: Substantive
    • Sub-Issues:
      • Failure to obtain informed consent
      • Negligent performance of surgical procedures
      • Negligent post-operative management
  2. Causation
    • Outcome: The court found that the delay in calling for an ambulance contributed to the Deceased's death.
    • Category: Substantive
    • Sub-Issues:
      • Whether the delay in calling for an ambulance caused the Deceased's death
      • Whether the Deceased was doomed to die regardless of when the ambulance was called
  3. Assessment of Damages
    • Outcome: The court adjusted the damages awarded for loss of support and loss of inheritance, taking into account income tax and disallowing mortgage payments and stock options.
    • Category: Substantive
    • Sub-Issues:
      • Calculation of loss of support
      • Calculation of loss of inheritance
      • Deductibility of income tax from loss of earnings
      • Inclusion of mortgage payments in loss of support
      • Valuation of stock options

8. Remedies Sought

  1. Monetary Damages
  2. Compensation for loss of support
  3. Compensation for loss of inheritance

9. Cause of Actions

  • Negligence
  • Medical Malpractice

10. Practice Areas

  • Personal Injury
  • Medical Malpractice
  • Civil Litigation

11. Industries

  • Healthcare
  • Cosmetic Surgery

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Armstrong, Carol Ann (executrix of the estate of Peter Traynor, deceased, and on behalf of the dependents of Peter Traynor, deceased) v Quest Laboratories Pte Ltd and another and other appealsCourt of AppealYes[2020] 1 SLR 133SingaporeCited for the method of calculating dependency claims and the presumption regarding personal expenses in a household.
Zhu Xiu Chun (alias Myint Myint Kyi) v Rockwills Trustee Ltd (administrators of the estate of and on behalf of the dependants of Heng Ang Tee Franklin, deceased) and other appealsCourt of AppealYes[2016] 5 SLR 412SingaporeCited for the principle that coroner's inquiry fees are claimable as long as the amount claimed is reasonable and proportionate.
British Transport Commission v GourleyHouse of LordsYes[1956] AC 185England and WalesCited for the principle that claims based on loss of earnings must be net of income tax.
Raja’s Commercial College v Gian Singh & Co LtdCourt of AppealYes[1974–1976] SLR(R) 225SingaporeCited as a Singapore case applying the principle in British Transport Commission v Gourley.
Klerk-Elias Liza v K T Chan Clinic Pte LtdHigh CourtYes[1993] 1 SLR(R) 609SingaporeCited as a Singapore case applying the principle in British Transport Commission v Gourley.
Teo Sing Keng and another v Sim Ban KiatHigh CourtYes[1994] 1 SLR(R) 340SingaporeCited as a Singapore case applying the principle in British Transport Commission v Gourley.
Singapore Bus Service (1978) Ltd v Lim Soon YongCourt of AppealYes[1983–1984] SLR(R) 159SingaporeCited for the principle that Central Provident Fund contributions can form part of a dependency claim.
Lee Wee Hiong and another (administrators of the estate of Lee Liak Meng, deceased) and others v Koh Ah Sai Victor and othersHigh CourtYes[1989] 2 SLR(R) 486SingaporeCited for applying Lim Soon Yong and holding that the loss attributable to the cessation of contributions to the Central Provident Fund can form part of a dependency claim.
Balanalagirisamy Gowri Rajeswari and another (administrators of the estate of Radhakrishnan Hari Babu, deceased) v Wong Si WahHigh CourtYes[2009] 1 SLR(R) 819SingaporeCited for applying Lee Wee Hiong and holding that Central Provident Fund contributions may form part of a dependency claim.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Civil Law Act (Cap 43, 1999 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Liposuction
  • Fat Transfer
  • Negligence
  • Pulmonary Fat Embolism
  • FFES
  • Breach of Duty of Care
  • Causation
  • Damages
  • Loss of Support
  • Loss of Inheritance
  • Oxygen Saturation
  • Informed Consent
  • Medical Malpractice

15.2 Keywords

  • liposuction
  • fat transfer
  • negligence
  • medical malpractice
  • pulmonary fat embolism
  • damages
  • singapore
  • court of appeal

17. Areas of Law

Area NameRelevance Score
Negligence95
Medical Malpractice90
Breach of Duty of Care85
Pulmonary Fat Embolism80
Personal Injury75
Causation70
Informed consent65
Damages Assessment60
Measure of Damages50
Evidence40
Wrongful Death40
Contract Law30
Civil Procedure25

16. Subjects

  • Medical Law
  • Tort Law
  • Damages