This document summarizes a presentation given by Edmund Kronenburg from Braddell Brothers LLP on legal issues relating to medical disputes from a lawyer's perspective. Some of the key topics discussed include the standards for informed consent, issues with medical advertising, proving causation in medical negligence cases, the feasibility of medical arbitration and no-fault compensation, and managing conflicts when representing both doctors and hospitals. The presentation provided practical guidance for lawyers on issues like obtaining expert opinions, choosing medical experts, managing witnesses, settling early when possible, and handling press involvement in medical dispute cases.

1. Society for Emergency Medicine in Singapore :
Annual Scientific Meeting 2014
Medical Disputes : A Lawyer’s Perspective
Edmund Kronenburg
Managing Partner
13 April 2014
https://www.dropbox.com/s/2ctm2ublbokyobd/SEMS2014-13April2014.pdf
This document was created for a presentation by the person stated above. It should not be regarded or relied-upon as formal legal advice and may not be reproduced or distributed without
the permission of Braddell Brothers LLP or the organisers of the event at which this presentation is given. Unless stated as being true, all examples used in this presentation are based on
fictional events and characters and any similarity to any persons or entities is coincidental and unintended.

2. • Legal Issues : Developing Areas
• Practical Issues from the standpoint of :-
 Patient’s lawyer
 Doctor’s lawyer
 Hospital’s / medical centre’s lawyer

3. • Informed consent : Bolam (responsible doctor) or Rogers
(reasonable patient)? (Bolam still - see Tong Seok May Joanne
v Yau Hok Man Gordon [2013] 2 SLR 18)
• Medical advertising : Misrepresentation of credentials or
treatment outcome
• Causation : “Substantial increase in risk” – Surender Singh s/o
Jagdish Singh v Li Man Kay and others [2010] 1 SLR 428
• Medical arbitration : Is this feasible?
• “No-fault” compensation : Is this a good thing?

4. • The ethical duty not to mount baseless claims or complaints
• Expert opinion – must be obtained at outset / where to obtain?
• Claim in court or complaint to the SMC?
• Risk-Benefit analysis (not just Cost-Benefit). Never 1:1 recovery
• The understanding that you are up against defence
organisation, with greater financial clout
• Settle as early as possible, without compromising patient
• Managing the press / media : Do not ‘corner the tiger’.
• Managing an upset patient
• Preserve ability to disclose medical facts after a settlement

5. • The ethical duty not to fight for the sake of fighting
• Understand your patient-opponent : Don’t piss him off further!
• Understand that your doctor wants problem this to go away with minimal /
no impact to him – that is your objective. It is not to become a “hero”.
• Are you defending doctor or his insurers or his employers – issues of
conflict?
• If you are going to settle, do it as early as possible for the sake of your
client. If not, then provision for a fight with the full assent of “the client”.
• Choosing your medical expert : Singapore, England, issues of bias?
• Ensuring that witnesses are not tampered with e.g. nurses
• Managing the press / media
• Confidential settlement. Clause in the settlement agreement – do not
disclose facts unless under obligation of law or for medical treatment

6. • All of the considerations on previous slide
• Possible conflict : Are you protecting doctor at the expense of
the hospital / medical centre? (E.g. reputation)
• Investigations against doctors / nursing staff : Discovery etc.
• What action can be taken against doctors / nursing staff &
when to take it?
• The possibility and impact of third party claims

7. Edmund J Kronenburg
ej.kronenburg@braddellbrothers.com
Braddell Brothers LLP Advocates and Solicitors since 1883
One Raffles Place #34-03, Singapore 048616
T +65 6499 9490 F +65 6499 9499 D +65 6499 9491
www.braddellbrothers.com