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