Clarifying the distinction between fact and belief probability: Armstrong, Carol Ann v Quest Laboratories Pte Ltd [2019] SGCA 75

In cases involving medical negligence, lawyers for both parties often use, as evidence, voluminous amounts of scientific and statistical evidence. However, parties may incorrectly confuse what the evidence shows, with what is required by the legal standard of proof. In Armstrong, Carol Ann v Quest Laboratories Pte Ltd [2019] SGCA 75, the Court of Appeal clarified the proper approach in using statistical evidence to prove negligence

Medical Negligence: Breaching the duty of care – Noor Azlin Binte Abdul Rahman v Changi General Hospital Pte Ltd & others [2019] SGCA 13

At the heart of Noor Azlin Binte Abdul Rahman v Changi General Hospital Pte Ltd & others [2019] SGCA 13 is the allegation that the three named doctors who attended to patient Noor Azlin binte Abdul Rahman (“Ms Azlin”) at Changi General Hospital (“CGH”) over a four-year period, as well as CGH, were negligent. Azlin argues that their negligence delayed the detection of the malignancy which resulted in her having lung cancer, and caused her to suffer the loss of a better medical outcome. The High Court (“HC”) found that the two Accident and Emergency (“A&E”) department doctors who saw Ms Azlin did not breach their duty of care. Conversely, the HC found that CGH, as well as CGH specialist respiratory physician Dr Imran Bin Mohamed Noor (“Dr Imran”) had indeed breached their respective duties of care. The HC nonetheless dismissed Ms Azlin’s claim of negligence against them, as she was unable to show that their actions had resulted in her delayed diagnosis. On appeal, while the Court of Appeal (“CA”) upheld the HC’s decisions regarding the three doctors, it allowed her claim of negligence against CGH.