Chia Soo Kiang v Tan Tock Seng Hospital: Indemnity Costs for Dismissed Medical Negligence Claim
In Chia Soo Kiang (personal representative of the estate of Tan Yaw Lan, deceased) v Tan Tock Seng Hospital Pte Ltd and others, the General Division of the High Court heard a case where the plaintiff's claim was dismissed on 13 October 2022. The court, on 27 February 2023 and 10 March 2023, ordered the plaintiff to pay the defendants costs fixed at $600,000 and disbursements on an indemnity basis, due to the plaintiff's rejection of a reasonable settlement offer.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Costs fixed at $600,000 and disbursements awarded to the defendants on an indemnity basis.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiff's medical negligence claim was dismissed. The court awarded indemnity costs to the defendants due to the plaintiff's rejection of a settlement offer.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chia Soo Kiang (personal representative of the estate of Tan Yaw Lan, deceased) | Plaintiff | Individual | Claim Dismissed | Lost | |
| Tan Tock Seng Hospital Pte Ltd | Defendant | Corporation | Costs and Disbursements Awarded | Won | |
| Dr Dorai Raj D. Appadorai | Defendant | Individual | Costs and Disbursements Awarded | Won | |
| Dr Lee Wei Sheng | Defendant | Individual | Costs and Disbursements Awarded | Won | |
| Dr Ranjana Acharya | Defendant | Individual | Costs and Disbursements Awarded | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
4. Facts
- The defendants made an offer to settle for $15,000 on 24 April 2020.
- The plaintiff did not accept the offer to settle.
- The plaintiff's claim was dismissed on 13 October 2022.
- The defendants sought costs of the action fixed at $625,500 and disbursements of $156,107.21.
- The court found the action was badly conceived.
- The plaintiff refused an offer of mediation.
5. Formal Citations
- Chia Soo Kiang (personal representative of the estate of Tan Yaw Lan, deceased) v Tan Tock Seng Hospital Pte Ltd and others, Suit No 554 of 2019, [2023] SGHC 56
6. Timeline
| Date | Event |
|---|---|
| Defendants made an offer to settle | |
| Indemnity costs awarded to defendants from this date | |
| Summons No 746 of 2021: leave to give evidence via video-link | |
| Summons No 798 of 2021: for discovery | |
| Summons No 835 of 2021: to strike out an affidavit | |
| Summons No 837 of 2021: to amend the statement of claim | |
| Plaintiff’s claim dismissed | |
| Judgment issued | |
| Judgment issued |
7. Legal Issues
- Indemnity Costs
- Outcome: The court ordered indemnity costs to be paid by the plaintiff to the defendants.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Medical Negligence
10. Practice Areas
- Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| O 22A r 9(3) of the Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Offer to settle
- Indemnity costs
- Disbursements
- Medical negligence
- Settlement offer
15.2 Keywords
- medical negligence
- indemnity costs
- settlement offer
- costs
- disbursements
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 95 |
| Indemnity costs | 90 |
| Offer to Settle | 80 |
| Civil Practice | 75 |
| Civil Litigation | 70 |
| Disbursements | 60 |
| Evidence | 50 |
| Medical Malpractice | 40 |
| Contract Law | 30 |
16. Subjects
- Civil Litigation
- Medical Law