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Court of Appeal to take over cancer victim's suit

Court of Appeal to take over cancer victim's suit

Source: Straits Times
Article Date: 10 Jun 2021
Author: Dominic Low

It will decide damages in appeal filed by late patient's estate and executor.

The Court of Appeal will decide damages in a lawsuit brought against Changi General Hospital (CGH) by Ms Noor Azlin Abdul Rahman, who died in 2019 of lung cancer which the hospital was late in diagnosing.

It comes after her estate and brother, executor of the estate, filed an appeal against the High Court's decision on the damages.

On Jan 19 this year, the High Court directed the hospital to pay Ms Noor Azlin's estate $326,620 for her pain and suffering, medical expenses and other damages. Her estate and brother had sought $13.46 million.

The appeal was originally set to be heard by the Appellate Division of the High Court. But Judge of Appeal Andrew Phang allowed the appellants' application to transfer the case to the Court of Appeal, saying in his judgment released yesterday that it was more appropriate for the apex court to hear the case.

The Appellate Division came into operation on Jan 2, following a restructuring aimed at improving the efficiency of the courts. It hears most of the appeals of civil cases decided by the General Division of the High Court, which performs the former High Court's earlier functions.

In his grounds of decision, Justice Phang rejected most of the submissions made by the appellants in their application to transfer the case to the Court of Appeal.

But he agreed with the appellants that the apex court is already familiar with the circumstances and background of the appeal.

He also highlighted the presence of related court proceedings which are pending before the Court of Appeal and the interests of ensuring "a speedy end to long-running and acrimonious proceedings".

Ms Noor Azlin visited CGH in 2007, 2010 and 2011 for various medical conditions, including lower chest pain. But it was only in February 2012 that she was diagnosed with lung cancer.

She sued the hospital and three doctors for medical negligence in 2015, claiming that her medical outcome would have been different if the cancer had been diagnosed earlier. The High Court dismissed her lawsuit in 2018 and she appealed against the decision.

In 2019, the apex court dismissed her claims against the doctors but held that CGH had been negligent by failing to have a system for the proper management of patients. This caused a delay in the diagnosis of her lung cancer, the court ruled.

The case went back to the High Court to determine the amount CGH had to pay Ms Noor Azlin in damages. But she died at 39 before the issue was decided.

Following the court's judgment in January this year, her estate and brother filed an appeal.

In his decision, Justice Phang reserved harsh words for the appellants' lawyer - Mr Vijay Kumar Rai of Arbiters Inc Law Corporation.

He noted that the lawyer had alleged that judges in the Appellate Division might be biased against his clients as the division's president was the trial judge presiding over the case when it was heard in the High Court.

"It is deeply troubling that such allegations are being levelled against the (trial judge) and the other members of the (Appellate Division), especially when no basis - whether reasoned or otherwise - has been provided for them," said Justice Phang.

He added that allegations of bias against judges here have the potential to undermine public confidence in the administration of justice. "The irresponsible as well as intemperate manner in which Mr Rai has made these baseless allegations is entirely at odds with his duty as an advocate and solicitor of the Supreme Court of Singapore."

Source: Straits Times © Singapore Press Holdings Ltd. Permission required for reproduction.

Supreme Court Case Summary: Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte Ltd [2021] SGCA 59 Originating Summons No 9 of 2021

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