You went in expecting help. Instead, your condition got worse. Whether it was a botched surgery, a wrong diagnosis, or you were given the wrong medication, you’re now left with pain, stress, and a nagging question: Can I sue the doctor for wrong medication, or for any medical mistake at all?
In Singapore, not every bad outcome means your doctor was negligent. But when the care falls below accepted standards and causes harm, the law may be on your side. This guide will help you understand when you can take legal action, what it involves, and how to move forward confidently with the right support.
Wrong Diagnosis, Wrong Medication and Botched Surgery
Medical errors come in different forms, and not all of them involve the operating theatre. In Singapore, patients have brought successful negligence claims for issues such as incorrect prescriptions, delayed diagnoses and surgical mistakes. Below are some examples of situations where patients have asked, “Can I sue?” and why the answer may be yes.
1. Wrong Diagnosis
If a doctor failed to spot a serious condition that other competent doctors would have picked up, you might ask, “Can I sue a doctor for a wrong diagnosis?” A misdiagnosis alone is not always enough to win a case, but if it caused a delay in treatment or made your condition worse, you may have a claim. For example, missing the signs of a stroke or cancer, when they were clearly present in the test results, could support a negligence suit.
2. Wrong Medication
Taking the wrong drug or the wrong dosage can cause serious damage. If a doctor prescribed a medication you were allergic to, ignored clear warnings in your file, or failed to adjust the dosage based on your condition, you may be able to sue. You may be asking, “Can I sue a doctor for wrong medication?” And the answer is yes if the mistake was avoidable and led to physical harm or worsening health.
3. Botched Surgery or LASIK
Surgical errors can range from leaving instruments inside the body to damaging organs that were not meant to be touched. In some cases, patients were not properly informed about the risks before giving consent, which breaches their legal rights. LASIK errors, such as undercorrection or infection due to poor hygiene practices, can also lead to permanent damage and loss of vision.
When Does A Medical Mistake Become Negligence?
Not every poor medical outcome is considered negligence. Sometimes, even with proper care, treatments may not go as planned. However, if your doctor made a mistake that no reasonably competent professional in their field would have made, and it caused you harm, then you may have grounds to take legal action.
To sue a doctor in Singapore for medical negligence, three things must be shown:
- Duty of Care
Your doctor must have owed you a duty of care. This is usually straightforward, as all doctors have a legal responsibility to treat their patients with reasonable skill and care. - Breach of Duty
You must show that your doctor failed to meet the standard of care expected. This does not mean they had to be perfect, but their actions must fall within what is considered acceptable by a responsible body of medical professionals. For example, giving incorrect information before a treatment or performing a procedure without proper consent may be seen as a breach. - Harm Caused by the Breach
Lastly, you need to prove that the doctor’s mistake directly caused you physical injury, emotional distress or financial loss. If there is no harm, or if the harm would have occurred even with proper treatment, your case may not succeed.
Steps Before Going To Court
If you believe your doctor has made a serious mistake, your first instinct might be to go straight to the Court. However, jumping into a lawsuit without preparation can be overwhelming and costly. Before you take legal action, there are important steps you should follow to protect your case and better understand your legal position.
1. Request Your Medical Records
The first thing you should do is request all relevant medical records from the hospital or clinic. This includes consultation notes, test results, prescriptions, surgical reports, and any documents you signed before a procedure.
In Singapore, healthcare institutions are generally obliged to provide you with access to your records upon request. These documents form the foundation of your claim, as they show what was done, when, and by whom.
2. Seek A Second Medical Opinion
It is essential to get another doctor to review your case and provide a fresh opinion. A second opinion helps clarify whether the original treatment was acceptable or if something went seriously wrong. Another qualified medical professional can point out where the care may have fallen short and whether the outcome was avoidable.
3. Keep A Record Of Your Symptoms And Losses
Document everything. Keep a diary of your symptoms, any worsening of your condition, how the mistake has affected your work, personal life, and finances. This kind of information will be useful when calculating damages if your claim proceeds to Court. Keep receipts for additional treatments, travel costs for medical visits, and any time you had to take off work.
4. Consider Filing A Complaint With The Singapore Medical Council (SMC)
Before heading to Court, some patients choose to file a complaint with the Singapore Medical Council (SMC). The SMC investigates professional misconduct and can discipline doctors who violate ethical or professional standards.
While the SMC cannot award you compensation, their findings may support your legal claim later. For example, if the SMC finds that your doctor failed to inform you about key risks, it could strengthen your case in a negligence suit.
5. Speak To A Lawyer With Experience In Medical Negligence
Medical negligence cases are complex. A lawyer can help you understand your chances of success, explain the evidence needed, and assess whether your case falls under negligence or simply a medical complication.
Conclusion About Suing A Doctor For Malpractice Or Wrong Diagnosis
No one plans to be the victim of a medical mistake. But if you’ve been harmed by a wrong diagnosis, suffered after wrong medication, or had your trust shattered by a botched surgery, you may be wondering: Can I sue a doctor for malpractice, and is it worth it?
The answer is yes, when harm and negligence go hand in hand. And you don’t have to figure it out alone. At Tembusu Law, we stand with patients who’ve been let down. Whether you’re seeking compensation or simply clarity, our team, including the best Divorce lawyers and criminal lawyers in Singapore, is ready to guide you through the process.
Get your free consultation now and take the first step toward justice and peace of mind. Contact Tembusu Law today.
Frequently Asked Questions About Suing A Doctor For Malpractice Or Wrong Diagnosis
How Long Do I Have To Sue After A Botched Procedure?
You usually have three years from the date you first knew of the injury, or when a reasonable person would have known.
Must I Complain To The Singapore Medical Council First?
No, but doing so can gather useful findings for your later Court case.
Can I Sue A Doctor For Wrong Diagnosis If No Harm Resulted?
Without actual injury or loss, compensation is unlikely, though you may still lodge a professional complaint.
Do I Need Expert Witnesses In Every Medical Negligence Case?
Almost always, because expert opinion establishes the proper standard of care and whether it was breached.
What Damages Can I Claim In A Medical Negligence Suit?
You may seek costs of further treatment, lost income, pain and suffering, and future care expenses.
