Dr Eric Gan Keng Seng v Singapore Medical Council [2010] SGHC 325

Singapore Law Watch

"On 12 April 2007, Mdm Neo Guat Dee (“Mdm Neo”), the Patient’s wife, lodged a complaint against Dr Gan with the SMC. The Complaints Committee, after considering the expert evidence of Dr Cheng Jun (“Dr Cheng”), specialist in Gastroenterology and Internal Medicine at Mount Elizabeth Medical Centre (who later became the sole expert witness for the SMC in its case before the DC), decided that it sufficed to only issue a letter of advice to Dr Gan, advising him to review his practice.

Dissatisfied with the decision of the Complaints Committee, the Patient’s wife wrote to the Minister of Health, who invoked his powers under the Act to convene a Disciplinary Inquiry. Two charges were proffered against Dr Gan and they were set out in the Notice of Inquiry dated 12 August 2008. The first charge alleged that the Pre-cut Technique which Dr Gan had performed on the Patient was beyond the scope of his competence. However nothing in this charge should concern us here as Dr Gan was acquitted by the DC of the first charge (see [6] of GD). Of greater importance is the second charge (“the Charge”) in respect of which the DC had found Dr Gan guilty. The Charge read:

That you [Dr Gan] a registered medical practitioner under the Medical Registration Act (Cap 174), are charged that whilst practising at Alexandra Hospital and the attending physician to [the Patient] for the period 6 December 2005 to 8 December 2005, you were in wilful neglect of your duties and had grossly mismanaged the post-operative treatment of the Patient."