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The appellant was a front seat passenger in a car that crashed into a tree on the night
of the 11th of July 1982. The accident happened near Assunta Hospital where the
appellant was brought to and warded for several injuries. The most serious injury
suffered by the appellant was a closed dislocation of C4 and C5 vertebrae with
bilaterally locked facets. It caused the appellant to suffer pain to her neck each time
she moved her head. The doctor on duty, Dr. Celine Pereira gave her initial treatment
by placing a cervical collar around it. After several initial treatments failed to reduce
the dislocation of the cervical vertebrae, Dr. Soo Fook Mun, the first respondent
performed the first operation to place the dislocated vertebrae into their original
positions by inserting a loop of wire to stabilize the spinal cord after moving the
dislocated vertebrae into the normal positions. Nevertheless, the operation failed and
the appellant became paralysed. The first respondent called Dr. Mohandas, a
neurosurgeon who confirmed that the loop of wire had put pressure on the spinal cord
and is the cause of the paralysis. A second operation was performed by the first
respondent to remove the wire loop but the appellant continued to be paralyzed until
today. The appellant sued the respondents for medical negligence.
Issue: Whether the Bolam Test should apply in relation to all aspects of medical
negligence?
Judgment: The Bolam Test is not to be applied in cases of medical negligence but the
Rogers v Whitaker test is the more appropriate test.
Conclusion:
With regards to expert opinion, the court will not solely based its decision on the
opinions of the particular body of profession but the court will take into account
whether the practice done had given consideration to the patient’s discretion to
make his own decision on such practice to be done on him. So, the fact that the
practice conformed to the practice of any one of the bodies of opinions will not be
the final determinant in determining whether an act of negligent has occurred.