Ho Tze Woon v Singapore Medical Council: Appeal Against Suspension for Failure to Provide Adequate CPR

Dr. Ho Tze Woon appealed against the Disciplinary Tribunal's decision to convict him for failing to provide professional services of reasonable quality under the Medical Registration Act, following an incident where he administered CPR ineffectively to a patient experiencing an asthma attack. The Court of Three Judges upheld the conviction but reduced the suspension from nine months to three months, finding the original sentence disproportionate to the offense. The court emphasized that while the Wong Meng Hang sentencing framework could apply to some cases under s 53(1)(e) of the MRA, it did not consider that it could apply to all such cases.

1. Case Overview

1.1 Court

Court of Three Judges of the republic of singapore

1.2 Outcome

Appeal Allowed in Part

1.3 Case Type

Regulatory

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding Dr. Ho's suspension for failing to provide adequate CPR. The court upheld the conviction but reduced the suspension period.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Singapore Medical CouncilRespondentStatutory BoardPartial LossPartial
Ho Tze WoonAppellantIndividualAppeal allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJustice of the Court of AppealYes
Tay Yong KwangJustice of the Court of AppealYes
Steven ChongJustice of the Court of AppealYes

4. Counsels

Counsel NameOrganization
Chia Voon JietDrew & Napier LLC
Charlene Wong Su-YiDrew & Napier LLC
Grace Lim Rui SiDrew & Napier LLC
Tian KeyunYuen Law LLC
Cai Enhuai AmosYuen Law LLC
Teo Ying Ying DeniseYuen Law LLC
Kieran Jamie PillaiYuen Law LLC

4. Facts

  1. The Patient visited the clinic complaining of breathlessness.
  2. The appellant assessed the Patient to be having an asthma attack.
  3. The appellant instructed a clinic assistant to administer nebulisation treatment.
  4. The Patient's face turned purple and he began to lose consciousness during treatment.
  5. The appellant found the Patient pulseless and unconscious and began CPR.
  6. The appellant performed CPR on the Patient while he remained seated.
  7. Paramedics moved the Patient to the floor and performed manual CPR.

5. Formal Citations

  1. Ho Tze Woon v Singapore Medical Council, Originating Application No 3 of 2023, [2023] SGHC 254

6. Timeline

DateEvent
Patient visited clinic complaining of breathlessness.
Appellant assessed the Patient to be having an asthma attack.
Nebulisation treatment commenced.
Patient's face turned purple and he began to lose consciousness.
Appellant began performing CPR on the Patient.
First call to the SCDF was made.
Paramedics arrived.
Patient transported to Khoo Teck Puat Hospital.
Patient intubated and there was a return of spontaneous circulation.
Patient declared brain dead and passed away.
Complaint filed with the Singapore Medical Council.
Appeal against conviction dismissed.
Appeal against sentence allowed and suspension reduced.

7. Legal Issues

  1. Failure to Provide Adequate Professional Services
    • Outcome: The court upheld the Disciplinary Tribunal's decision that the appellant failed to provide professional services of the quality reasonably expected of him.
    • Category: Substantive
    • Related Cases:
      • [2017] 4 SLR 66
  2. Applicability of Wong Meng Hang Sentencing Framework
    • Outcome: The court found that the Wong Meng Hang sentencing framework was not applicable in this case.
    • Category: Procedural
    • Related Cases:
      • [2019] 3 SLR 526
  3. Appropriateness of Sentence
    • Outcome: The court reduced the appellant's suspension from nine months to three months.
    • Category: Procedural

8. Remedies Sought

  1. Appeal against conviction
  2. Appeal against sentence

9. Cause of Actions

  • Failure to provide professional services of the quality that was reasonable to expect

10. Practice Areas

  • Professional Negligence
  • Healthcare Regulation

11. Industries

  • Healthcare

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Singapore Medical Council v Dr Ho Tze WoonDisciplinary TribunalYes[2023] SMCDT 1SingaporeThe judgment under appeal; the Disciplinary Tribunal's decision to convict and suspend the appellant.
Wong Meng Hang v Singapore Medical Council and other mattersCourt of AppealYes[2019] 3 SLR 526SingaporeCited for the sentencing framework to be adopted in cases where the misconduct of a medical practitioner has caused harm to the patient.
Yong Thiam Look Peter v Singapore Medical CouncilHigh CourtYes[2017] 4 SLR 66SingaporeCited for the test to be applied in cases involving section 53(1)(e) of the Medical Registration Act.
Singapore Medical Council v Lim Lian ArnHigh CourtYes[2019] 5 SLR 739SingaporeCited to distinguish the scope of professional misconduct under s 53(1)(d) of the MRA from s 53(1)(e).
Ong Kian Peng Julian v Singapore Medical Council and other mattersHigh CourtYes[2023] 3 SLR 1756SingaporeCited for the application of the Wong Meng Hang framework to offences under s 53(1)(c) of the MRA.
Low Cze Hong v Singapore Medical CouncilHigh CourtYes[2008] 3 SLR(R) 612SingaporeCited for the definition of professional misconduct.
In the Matter of Dr Fernandes Mark LeeDisciplinary TribunalYes[2017] SMCDT 2SingaporeCited as a precedent for sentencing in similar cases.
Noor Azlin bte Abdul Rahman v Changi General Hospital Pte Ltd and othersHigh CourtYes[2019] 1 SLR 834SingaporeCited to explain that a doctor dealing with a medical emergency will not have the “luxury of long and mature consideration” of what the appropriate step to take is.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Medical Registration Act (Cap 174, 2014 Rev Ed)Singapore
s 53(1)(e) of the Medical Registration ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Cardiopulmonary resuscitation
  • Basic Cardiac Life Support
  • Disciplinary Tribunal
  • Medical Registration Act
  • Professional misconduct
  • Suspension
  • Negligence

15.2 Keywords

  • CPR
  • Medical Negligence
  • Singapore Medical Council
  • Suspension
  • Medical Registration Act

17. Areas of Law

Area NameRelevance Score
Professional conduct70
Medical Negligence60
Medical Malpractice50
Disciplinary Proceedings40
Healthcare Law40
Sentencing30
Evidence Law30

16. Subjects

  • Medical Disciplinary Proceedings
  • CPR Standards
  • Sentencing Guidelines