If you’ve ever trusted a medical professional and things didn’t go as they should have, you’re not alone. Medical negligence can be confusing, frustrating, and painful, especially when you’re trying to pick up the pieces. Whether you’re facing long-term injury or the emotional toll of improper care, it’s important to know your options and understand how to claim for medical negligence in Singapore.
In this guide, we’ll explain what you need to do if you’re considering a claim and how the High Court process works.
1. Getting Your Medical Records
Before even starting a lawsuit, you’ll need to review your medical records and related documents. This step helps you and your lawyer understand whether your case is strong enough to move forward.
To do this, you’ll need to send a formal letter to your healthcare provider asking for your medical report and any other documents related to your treatment, such as your symptoms, diagnosis, prescribed treatments, and whether any alternatives were explained to you.
This request must follow a specific format, and you’ll need to sign a consent form so your provider is allowed to release your records to you. Once your request is received, the provider must tell you the cost of providing the records within 7 days, and hand over the documents within 6 weeks after payment.
2. Filing The Claim In Court
If you and your lawyer decide to move forward, the lawsuit officially begins with the filing of a Statement of Claim. This is a document outlining your case, the events that occurred, and the harm you suffered. You’ll also submit the documents that support your claim, including the medical reports you’ve gathered.
The healthcare provider will have a chance to respond. If they choose to fight the claim, they’ll file a reply explaining their side.
3. Pre-Trial Preparation
After both sides have submitted their statements, the Court will require a list of facts that are not disputed, which helps save time during the actual trial.
Shortly after that, the first Judge Case Conference (JCC) takes place. This is an early meeting where both parties meet with a judge to discuss whether the matter can be settled outside of Court, such as through mediation. Usually, there will be at least two more of these meetings before a full trial is scheduled.
4. Appointment Of A Medical Assessor
Medical negligence cases are technical. The judge may appoint a medical assessor, a medical expert who can help explain complex terms and procedures to the Court. The assessor can attend hearings and even give expert opinions, but they won’t decide the case. That remains entirely up to the judge.
Either party can request an assessor to be appointed, and both sides will usually split the costs. However, after the trial, the Court can decide who ultimately pays for the assessor’s fees.
5. The Court Trial
If a settlement isn’t reached, your case will go to trial in the High Court. This is where evidence is presented, expert witnesses testify, and the judge hears both sides.
At the end of the trial, the judge will decide whether the claim is valid and, if so, how much compensation should be awarded. This could cover medical expenses, lost income, and even emotional distress.
What Counts As Medical Negligence?
Medical negligence refers to situations where a doctor, nurse, or healthcare provider doesn’t provide the standard of care expected, and that failure causes you harm. This can come in the form of misdiagnosis, wrong treatment, surgical mistakes, or even the lack of proper explanation about medical risks.
To build a strong case, you’ll need to prove:
- There was a doctor-patient relationship
- The care provided was below expected standards
- You suffered harm as a result of that substandard care
When Should You Consider The High Court?
In Singapore, you may file your case in either the State Courts or the High Court, depending on the amount you’re claiming. If your expected compensation exceeds $250,000, the case should be brought before the High Court.
The High Court handles more complex cases and larger claims. If your case involves serious injury, loss of income, or ongoing care costs, it’s likely the right venue.
Conclusion About Medical Negligence Claims In Singapore
Knowing how to claim for medical negligence doesn’t need to be confusing. With the right legal team and clear guidance, you can hold medical professionals accountable and get the support you deserve. Whether you’re just starting to consider a claim or ready to act, Tembusu Law is here to help every step of the way.
Ready to make your claim? Contact Tembusu Law today and let the best criminal lawyers in Singapore guide you through your High Court case with confidence.
Frequently Asked Questions About Medical Negligence Claims In Singapore
Can I Claim For Emotional Distress In A Medical Negligence Case?
Yes, the Court may consider emotional distress as part of your overall loss and award compensation if it’s proven to be a result of the negligence.
How Much Can I Claim For Medical Negligence?
The amount depends on the severity of the harm, medical expenses, loss of income, and long-term impact. Claims exceeding $250,000 go to the High Court.
How Long Does A Medical Negligence Claim Take?
It varies. Some cases settle within months, others may take over a year if they go to trial. It depends on complexity and whether both parties agree to settle.
What If The Doctor Disagrees With My Claim?
Disputes are common. That’s why expert medical testimony and strong legal representation are crucial to proving your claim in Court.
Do I Need A Lawyer To File A Medical Negligence Claim?
Yes, especially if your case is going to the High Court. Medical negligence claims are complex and require expert handling.
