http://thecourtroom.stomp.com.sg/courtroom/
THE High Court has ordered the Singapore Medical
Group, the Lasik Surgery Clinic and eye surgeon Marc Tay to pay
damages, after Lasik procedures to correct a patient’s
short-sightedness left him with blurred vision.
Assistant Registrar Then Ling issued the order
yesterday after all three failed to file their defence against the
claims made by the plaintiff, Mr Enoch Ang.
Mr Ang, 24, a third-year undergraduate, had sought
special damages from the three and additional exemplary damages
from the medical group and the clinic.
He is seeking about $900,000 in special damages
which includes future medical expenses and future loss of earnings
as a result of his eye condition, according to court papers
filed.
His lawyers Edmund Kronenburg and Lye Hui Xian of
Braddell Brothers argued that the Singapore Medical Group and Lasik
Surgery Clinic should pay additional exemplary damages, as they
knew Dr
Tay performed Lasik surgery on his client while
knowing he was not a suitable patient and without informing him of
all the risks involved.
The lawyers alleged that the firm and clinic chose
not to implement safety measures to oversee Dr Tay in his work,
possibly because doing so would have led to decreased patient
volume and decreased revenue from Lasik, according to the court
papers filed.
Mr Ang went to the Lasik Surgery Clinic in October
2007 for a medical evaluation for Lasik treatment on both
eyes.
Dr Tay saw him after pre-Lasik tests were done and
said he was suitable, scheduling the surgery a week
later.
But it emerged he was not a suitable candidate for
Lasik treatment because he was suffering from degeneration of the
cornea structure and the procedure involved risks, and he claimed
he was not informed of this.
After the operation, he suffered blurred vision in
his left eye and told Dr Tay about it in his follow-up visits to
the clinic. In April last year, Dr Tay informed him that the
worsening blurred vision in the left eye could have resulted from
the Lasik procedure.
He was referred to corneal specialist Leonard Ang
who three days later told him that “no responsible and competent
surgeon” would have prescribed Lasik for him, according to court
documents filed.
There was also no way to predict when the vision in
Mr Ang’s right eye might deteriorate, said Dr Ang.
Mr Ang sued for negligence and breach of
contract.
It is understood lawyers for the three defendants
did not file their defence statements as they expected to settle
the matter through mediation, something which the plaintiff never
agreed to.
The damages payable will be assessed by a court
registrar at a date to be fixed