In its judgment, the Court of Three Judges – comprising of Chief Justice Sundaresh Menon, Justices of the Court of Appeal Andrew Phang and Tay Yong Kwang – stated that the Disciplinary Tribunal had not erred find each doctors responsible of improper conduct which introduced disrepute to the medical career.
Okay was a property agent who consulted and underwent a medical process by Dr Ong on Mar 19, 2018. She was discharged a day later. Some time inside these two days, Dr Ong obtained her consent to share her contact particulars with Dr Chan, on the supposed foundation that Dr Chan was trying to buy a property.
Dr Ong then shared K’s contact particulars with Dr Chan through WhatsApp dialog, by which he additionally informed Dr Chan to “feel free to play your game”.
In the messages, Dr Chan requested Dr Ong: “Can ask her for drinks instead?”, and Dr Ong replied “positive”.
Dr Chan then texted “Me? Out of the blue ask her?”
Dr Ong made a crude suggestion earlier than replying: “She’s expecting you re (sic) the property mah.”
Dr Chan then acknowledged: “I can’t decide to go thru the property route.”
Dr Chan finally didn’t meet Okay.
Based on the proof, the judges had been happy that Dr Ong had arrange an introduction for Okay to be contacted by Dr Chan beneath the pretext of Dr Chan’s feigned curiosity in a possible property transaction.
Both knew that property was not the actual level of the introduction, which was to assist Chan to pursue his personal agenda of having sex with Okay.
During their appeals, each doctors raised related arguments in opposition to their convictions, which was that the messages had been for property funding functions. They argued that there was inadequate proof to show past an affordable doubt that each doctors had colluded for the needs of sexually exploiting Okay.
However, the Court of Three Judges rejected the argument after contemplating the context and interpretation of the messages in query.
“It is clear that this is a case that involves significant harm to public confidence in the medical profession. What Dr Ong did was an abuse of the trust and confidence that a patient had reposed in him for the potential sexual benefit of Dr Chan,” stated the judges.
“Further, it was not only disrespectful to K, but it also dehumanised her into an object for sexual gratification.”
That no precise hurt was triggered to Okay missed the purpose, they added.
“Such an assertion is true only in the limited sense that she was not compelled to engage in sexual relations with Dr Chan under false pretences.”
The judges stated that it “cannot be denied that K suffered humiliation and indignity as a result of the doctors’ actions”. The proven fact that Okay was Dr Ong’s patient was aggravating, the judges stated.
“If actual physical harm had been caused to K, the sanction called for would likely have been a striking out order,” they stated.
“In our judgment, the harm to public confidence cannot be understated. Patients are entitled to expect that their doctors will display a high standard of professional conduct in their dealings and interactions with them. This extends to how their doctors handle their personal information and their details even after the end of their interactions.”
No mitigating weight needs to be given to Dr Ong or Dr Chan’s clear report as a medical skilled, the judges stated. Instead, they discovered that the seniority of each doctors amplified the damaging influence of their misconduct on public confidence within the medical career.
They additionally discovered Dr Ong’s declare of regret was negated by his oral testimony the place he maintained there was “nothing sexual” and no skilled misconduct.
The judges discovered that longer sentences for each doctors had been warranted. They decided that the Disciplinary Tribunal’s orders that each doctors be censured and supply a written endeavor nonetheless stand.
Suspension terms of 2 doctors tripled by judges over attempted sex with female patient
Suspension terms of 2 doctors tripled by judges over attempted sex with female patient
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Suspension terms of 2 doctors tripled by judges over attempted sex with female patient
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