Soh Keng Cheang Philip v National University Hospital: Negligence Claim for Failure to Diagnose Cervical Myelopathy

Soh Keng Cheang Philip sued National University Hospital (S) Pte Ltd in the General Division of the High Court of Singapore, alleging negligence for failing to diagnose his cervical myelopathy during five visits in 2011. He claimed this failure led to a cervical surgery on 3 June 2011, resulting in weakness and partial paralysis. The court, presided over by Choo Han Teck J, dismissed the plaintiff's claim, finding no evidence of negligence on the part of the hospital's doctors.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Claim dismissed with costs.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Plaintiff sues National University Hospital for negligence in failing to diagnose his cervical myelopathy, leading to surgery and partial paralysis. The court dismissed the claim.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Soh Keng Cheang PhilipPlaintiffIndividualClaim DismissedLostVijay Kumar Rai, Gursharn Gill Singh s/o Amar Singh, Jasleen Kaur
National University Hospital (S) Pte LtdDefendantCorporationJudgment for DefendantWonKuah Boon Theng, Samantha Oei Jia Hsia, Cheong Le Yue Jess

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Vijay Kumar RaiArbiters Inc Law Corporation
Gursharn Gill Singh s/o Amar SinghArbiters Inc Law Corporation
Jasleen KaurArbiters Inc Law Corporation
Kuah Boon ThengLegal Clinic LLC
Samantha Oei Jia HsiaLegal Clinic LLC
Cheong Le Yue JessLegal Clinic LLC
Lim Wan Ting TraciaCharles Lin LLC
Tay Kai Lin BrendaCharles Lin LLC

4. Facts

  1. Plaintiff visited NUH A&E multiple times in March and May 2011 with chest pains and breathing difficulties.
  2. Plaintiff was diagnosed with cervical myelopathy after an MRI scan on 26 May 2011.
  3. Plaintiff underwent cervical decompression laminectomy on 3 June 2011.
  4. Plaintiff claimed NUH doctors were negligent in failing to diagnose his condition earlier.
  5. Plaintiff alleged the delay in diagnosis led to increased pain and a poorer prognosis after surgery.
  6. The A&E doctors' notes did not show sufficient neurological complaints to warrant a fuller neurological examination.
  7. The court accepted the defendant's experts' opinion that there was no undue delay in diagnosing the plaintiff's condition.

5. Formal Citations

  1. Soh Keng Cheang Philip v National University Hospital (S) Pte Ltd, Suit No 250 of 2014, [2021] SGHC 243

6. Timeline

DateEvent
Plaintiff was born.
Plaintiff visited NUH A&E with chest pains.
Plaintiff visited NUH A&E with breathing difficulties.
Plaintiff consulted a polyclinic and was referred to a neurologist at NUH.
Plaintiff visited Central 24-HR Clinic and was told he had nerve dystrophy.
Plaintiff visited NUH A&E with weakened limbs.
Plaintiff consulted psychiatrist Dr. Roger Ho.
Plaintiff was seen by neurologist Dr. Leonard Yeo at NUH.
Plaintiff visited NUH A&E with breathing difficulties and was admitted.
Plaintiff was reviewed by Dr. Rahul.
Plaintiff underwent an MRI scan.
Plaintiff underwent cervical decompression laminectomy.
Plaintiff was discharged from NUH and transferred to Tan Tock Seng Hospital.
Plaintiff first consulted Dr. Keith Goh.
Plaintiff filed Statement of Claim.
Plaintiff amended the Statement of Claim.
Plaintiff's affidavit of evidence-in-chief was filed.
Plaintiff amended the Statement of Claim again.
Trial began.
Judgment reserved.

7. Legal Issues

  1. Negligence
    • Outcome: The court found no negligence on the part of the defendant.
    • Category: Substantive
    • Sub-Issues:
      • Failure to diagnose
      • Breach of duty of care
    • Related Cases:
      • [2019] 3 SLR 1063
  2. Breach of Duty
    • Outcome: The court found no breach of duty by the defendant.
    • Category: Substantive

8. Remedies Sought

  1. Damages for negligence

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Medical Malpractice
  • Personal Injury

11. Industries

  • Healthcare

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Noor Azlin bte Abdul Rahman v Changi General Hospital Pte Ltd and othersHigh CourtYes[2019] 3 SLR 1063SingaporeCited for the principle that A&E doctors should focus on diagnosing and treating the immediate cause of a patient's acute deterioration in health rather than providing a general health screening.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Cervical myelopathy
  • Negligence
  • Breach of duty of care
  • A&E
  • Diagnosis
  • Prognosis
  • Medical negligence

15.2 Keywords

  • Negligence
  • Medical negligence
  • Cervical myelopathy
  • Diagnosis
  • Hospital
  • Singapore

16. Subjects

  • Medical Law
  • Negligence
  • Tort Law

17. Areas of Law

  • Tort
  • Negligence
  • Medical Negligence