The family of an elderly woman, who is in a vegetative state following surgery in June 2014 to remove a brain tumour, has lost a negligence suit against the National University Hospital (NUH) and its head neurosurgeon.
The family of Madam Goh Guan Sin was also ordered to pay her hospital bills, which amounted to $397,478.78 as of July 26 this year.
Madam Goh, 70, has been hospitalised at NUH since her operation and her family has rejected the hospital's suggestion to move her to a step-down care facility.
The lawsuit, filed in 2017 on her behalf by one of her daughters, initially alleged that Dr Yeo Tseng Tsai and NUH were negligent before, during and after her operation.
When the trial started in April this year, the claims of negligence during the operation were dropped. At the end of the 32-day hearing last month, the claims of negligence before the operation were also abandoned.
In a 205-page judgment yesterday, High Court judge Tan Siong Thye said the family did not pursue the claims of pre-operation negligence because they realised the "futility" after the issues were thoroughly ventilated in court.
He found that Dr Yeo and NUH were not negligent before or after the operation, and allowed NUH's counterclaim for the unpaid bills.
In his judgment, Justice Tan said: "It is understandable that the plaintiff's family finds it tremendously difficult to accept the dreadful outcome. But justice must be meted out according to the rule of law and not the feelings of the heart in order to reach a fair outcome based on the merits and facts of this case."
In May 2014, Madam Goh was advised by Dr Ho Kee Hang, a visiting consultant at NUH, to remove a brain tumour. A second opinion confirmed this and the surgery was scheduled for June 2, 2014.
Her case was presented at the neurosurgery division's weekly discussion. At the meeting, Dr Ho, who was undergoing cataract surgery a few days before Madam Goh's operation, asked Dr Yeo to do the surgery.
An appointment was made for Madam Goh to see Dr Yeo on May 27, but she did not turn up.
After an uneventful operation, her condition deteriorated, and a CT scan showed a massive blood clot.
Dr Yeo and two neurosurgeons in his team concluded that there was a bleed in the brain stem. They felt her chance of recovery was poor and instead of high-risk surgery to remove the clot, they inserted a shunt to drain fluid from the brain.
The family alleged that Dr Yeo failed to obtain Madam Goh's informed consent and failed to see her personally before the surgery. They also claimed he had misdiagnosed the blood clot, which they felt should have been removed.
The family also alleged that NUH failed to monitor Madam Goh adequately after the operation.
Justice Tan, however, found Madam Goh was adequately advised about the risks of the surgery.
He said Dr Yeo's failure to see Madam Goh before the surgery must be viewed in the light of her failure to turn up for the May 27, 2014 appointment.
The judge said he was satisfied that the frequency of the post-operation monitoring was adequate.
Dr Yeo, through his lawyer, said he was happy to be vindicated. "Truly, I am very sorry for the eventual poor outcome for Madam Goh, but I know my team and I at the NUH have done our very best for her," he added.
