Man sues surgeon after procedure at Gleneagles allegedly left him paralysed; hospital sues him over S$1m bill

SINGAPORE: A Bangladeshi businessman who came to Singapore to be treated at Gleneagles Hospital for a spinal condition allegedly became paralysed after a procedure and is suing his neurosurgeon for damages.

Mr Noor Alam, 51, has been in hospital since July 2022. At the same time, Gleneagles has sued him in order to get payment of the bills, which have exceeded S$1 million (US$739,800) and are mounting.

According to court documents obtained by CNA, Mr Alam came to Gleneagles in 2019 for specialist medical care from Dr James Tan Siah Heng for neck pain that did not improve with physiotherapy.

According to documents filed by Mr Alam's lawyers - Mr Raj Singh Shergill and Ms Desiree Koh Jia Min from Lee Shergill law firm - Dr Tan told Mr Alam that he had a prolapsed disc with spinal cord compression.

He advised Mr Alam to undergo surgery to replace the disc, and the operation was completed uneventfully, following which Mr Alam returned to Bangladesh, the court documents filed by Mr Alam's lawyers state.

However, Mr Alam developed a wound infection which later healed and left behind a skin tag - a benign growth.

Due to the COVID-19 pandemic, he was able to return to Singapore for a consultation with Dr Tan only in July 2022.

According to Mr Alam, Dr Tan recommended radiofrequency medial branch neurotomy - a procedure that involves using radio waves for pain treatment - and assured him that it would be very quick and easy.

THE PROCEDURE

Mr Alam's lawyers allege that the way Dr Tan injected local anaesthesia into Mr Alam during the procedure injured Mr Alam's spinal cord. 

Following the procedure, Mr Alam felt weakness in his left arm and leg that later progressed to all four limbs.

According to an expert report obtained by his lawyers, Mr Alam is now wheelchair bound, incontinent and unable to walk - a disability that is likely to be permanent.

In his statement of claim in May, Mr Alam alleges that Dr Tan breached his duty in negligently, wilfully or recklessly failing to provide him with the relevant and material information and advice about the comparative risks and benefits of the procedure compared with other available options.

Mr Alam continued to be warded at Gleneagles after the incident. The hospital stated in its statement of claim that it does not employ Dr Tan, who is a private specialist from Neurosurgery International. 

Instead, Dr Tan has "clinical admitting privileges" at Gleneagles, the hospital said, adding that it is not liable for the care Dr Tan provided to Mr Alam. 

GLENEAGLES SUES PATIENT

In February, Parkway Hospitals Singapore, which manages and operates Gleneagles, separately sued Mr Alam to seek payment of his hospital bills.

According to the hospital's statement of claim, Mr Alam was assessed to be fit for discharge around end-August 2022, but he "refused" and "declined to be transferred to a rehabilitation centre for further care".

The hospital alleges that Mr Alam has "refused to pay" any part of the incurred charges, which had ballooned to S$1.13 million as of Jan 9, 2024.

Gleneagles is represented by Legal Clinic.

In Mr Alam's defence filed against Gleneagles' suit, his lawyers allege that Mr Alam agreed to be treated at Gleneagles by Dr Tan after speaking to a representative from a branch of Gleneagles in Bangladesh.

Mr Alam alleged that the representative made implications that would cause a reasonable person to conclude that Dr Tan was sufficiently integrated into the organisation to be an agent or employee of Gleneagles, such that Gleneagles would be liable if there were any breach by Dr Tan that led to harm or loss to Mr Alam.

His lawyers alleged that Dr Tan's treatment in which he allegedly negligently caused harm to Mr Alam occurred in close connection with Gleneagles' enterprise in marketing its hospital services to foreign patients contemplating neurosurgery.

Mr Alam also alleged in his defence that Dr Tan and Gleneagles had told him that he should continue to stay at Gleneagles for treatment "in consideration" for deferring court proceedings.

Mr Alam claimed that he was told the medical and hospital bills would be deferred while they were waiting for a payout from Dr Tan's professional liability insurers.

After this, Gleneagles would consider a discount, Mr Alam alleged in his filed defence.

Mr Alam's lawyers said that their client was not in a position to mitigate his losses without his claim against Dr Tan being resolved, or any interim payment being made by Dr Tan's insurer to Mr Alam.

The lawyers also asked for Gleneagles’ claim to be put on hold temporarily, until Mr Alam recovers compensation from Dr Tan, including the hospital bills.

The court has scheduled case conferences for both suits to be heard.