Thursday, 19 July 2018
12pm to 2pm (12pm-Lunch, 1pm–Talk)
Farrer Park Medical Centre, 1 Farrer Park Station Road, Connexion #16-06, TK Low Academic Specialist Centre, Singapore 217562
In medical negligence/malpractice suits, 3 areas tend to come into play, depending on the facts of each case. One is the question of whether the client gave informed consent, which is often tied to the quality of the advice the patient was given prior to the procedure. The other 2 are in relation to negligent diagnosis of the patient’s condition, and negligent treatment of the patient.
In relation to negligent diagnosis and treatment, we will revisit the Court of Appeal’s 2002 decision in the case of Dr. James Khoo & Another v Gunapathy d/o Muniandy which affirmed the UK Bolam decision as well as the refinement to the tests in UK brought in by the subsequent Bolitho decision.
In the area of advice, we will look at the 2017 Court of Appeal decision in Hii Chii Kok v Ooi Peng Kin London Lucien which laid down a three-stage test for ascertaining whether the medical advice given is adequate. The case marks a shift in the emphasis in the law, from a physician centric to a patient centric approach, recognizing patient autonomy as the principle of prime importance.
Call us to register or email us at [email protected].
Consultant
Goodwins Law Corporation
Mr Daniel John graduated from the University of Singapore with a LLB (Honours) and was admitted as an Advocate and Solicitor of the Supreme Court of Singapore in January 1980.
Daniel has had over 30 years experience majoring in Civil and Commercial litigation. He has been involved in a wide variety of matters ranging from trust and estate litigation to medical and professional negligence, personal injury, defamation and shareholder disputes. An experienced litigator, he has appeared as counsel in the High Court as well as the Court of Appeal of the Supreme Court, apart from the Subordinates Courts and other domestic tribunals.
In the area of alternate dispute resolution, Daniel has also been called upon to act as arbitrator and mediator in commercial disputes. A Fellow of the Singapore Institute of Arbitrators, he is also on the Panels of Arbitrators of the Singapore International Arbitration Centre (SIAC) and the Singapore Institute of Arbitrators, respectively. He is also a member of the Panel of Principal Mediators of the Singapore Mediation Centre.
His other professional involvements include:
Daniel is able to converse in Hokkien and also understands some Mandarin and Malay as well.
Daniel has also been an Elder of the Church Council of Yio Chu Kang Chapel Ltd, a Brethren church for several years.
