Examining the new standard of care for medical advice and patients with mental health conditions

• Main Author: CHAN, Gary Kok Yew
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2023
• Subjects: Tort law; Negligence; Mental health; Medical advice; Standard of care; Mental Capacity Act; Medical Jurisprudence; Torts
• Online Access: https://ink.library.smu.edu.sg/sol_research/4309; https://ink.library.smu.edu.sg/context/sol_research/article/6267/viewcontent/Examining_the_New_Standard_of_Care_for_Medical_Advice_and_Patients_with_Mental_Health_Conditions.pdf
• Institution: Singapore Management University

In 2017, the Singapore Court of Appeal in Hii Chii Kok v Oii Peng Jin London Lucien (Hii Chii Kok) favoured a patient-centric approach towards issues of providing medical advice. Section 37 of the Singapore Civil Law Act, which took effect on 1 July 2022, stipulates that the standard of care in giving medical advice to patients is based on peer professional opinion. This article will analyse, with reference to other common law jurisdictions, how the new statutory provision applies to patients with mental disorders under the Singapore Mental Capacity Act 2008. It will provide an interpretation of s 37 of the Civil Law Act taking into consideration the likely challenges encountered and issues raised by patients including those with mental health conditions, the value of protecting patient autonomy, their participation in decision-making, the quality of the doctor-patient communication and the scope of therapeutic privilege.