Foo Chee Boon Edward v Seto Wei Meng & Anor

Parties

Amounts and remedies

• Original Total Damages Awarded by Judge: SGD 5,599,557.48
• Revised Total Damages Ordered by Court of Appeal: SGD 3,697,681.27
• Coroner's Inquiry Fees Awarded: SGD 26,000
• Estate Claim (funeral, Medical, Letters of Administration and General Damages): SGD 31,390.99
• Dependency Claim (reduced): SGD 1,025,180.93
• Dependency Claim (trial Judge): SGD 1,728,293.9
• Loss of Inheritance (revised): SGD 2,615,109.35
• Loss of Inheritance (trial Judge): SGD 3,839,872.59
• Costs Awarded to Respondents (appeal): SGD 75,000
• Additional Costs for Ca/sum 20/2021: SGD 5,000
• Mortgage Payments Excluded From Award (agreed Figure): SGD 703,112.97

Party arguments

Applicant

Appellant contended FFES was inevitably fatal so earlier transfer would not have changed outcome; that clinic resources and on-site treatment justified delay; challenged quantum items including tax deduction, mortgage payments and stock options.

Respondent

Respondents contended appellant breached duty by failing to call ambulance promptly despite catastrophic SpO2 drop and direct instructions from assisting doctors; earlier transfer would likely have made a difference; respondents sought full dependency and inheritance awards and CI fees.

Legal principles

1. 01

   Established on evidence of standard practice and expert testimony in judgment

   Medical practitioners must escalate and secure tertiary hospital transfer when a patient exhibits catastrophic deterioration and clinic resources are inadequate to provide required advanced circulatory and respiratory support.

2. 02

   Applied in Court of Appeal reasoning (case facts and expert evidence)

   Causation requires proof on balance of probabilities; loss of chance may be relevant where breach deprived patient of timely access to potentially lifesaving treatment.

3. 03

   British Transport Commission v Gourley [1956] AC 185 and Singapore authorities cited in judgment

   Damages for loss of earnings or projected income must be assessed net of income tax.

4. 04

   Zhu Xiu Chun v Rockwills Trustee Ltd [2016] 5 SLR 412 (applied)

   Coroner's inquiry fees are recoverable as part of estate claims if reasonable and proportionate.

5. 05

   Court of Appeal reasoning and equitable assessment principles

   Avoid double counting benefits where claimed periodic payments fund acquisition of capital assets that will accrue to claimant at termination; mortgage instalments used to acquire an asset should not be awarded as pure dependency benefit.

Court disposition

Appeal dismissed in relation to liability; appeal allowed in part on quantum with overall damages reduced.

• Liability appeal dismissed and judgment below affirmed on negligence liability against Dr Foo
• Award of damages varied: total reduced from 5,599,557.48 to 3,697,681.27 (inclusive of specified adjustments)
• CI fees awarded at $26,000 and estate claim of $31,390.99 maintained
• Dependency award reduced to $1,025,180.93 after excluding mortgage instalments
• Loss of inheritance award reduced to $2,615,109.35 after applying post-tax multiplicand and disallowing stock options claim
• Stock options claim of $556,500 set aside
• Costs of the appeal awarded to respondents in the sum of $75,000 (all-in) and additional costs of $5,000 (all-in) for CA/SUM 20/2021
• All sums furnished as security for the appeal, including additional $60,000 ordered pursuant to CA/SUM 20/2021, to be released to the respondents