Woman Loses Medical Negligence Lawsuit Against Obstetrician for Childbirth Injuries

By
Siti Hajar
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A 32-year-old woman has lost her medical negligence lawsuit against her obstetrician after she suffered injuries during childbirth.

In a judgment released on 3 Apr 2025, Justice Choo Han Teck dismissed the claims against Dr Khoo Chong Kiat, finding that the doctor had not been negligent in his diagnosis, treatment, and care.

Childbirth Procedures and Consent Claims Rejected by Court

Ms Cherissa Cheng sued Dr Khoo, a senior consultant obstetrician and gynaecologist at CK Khoo Clinic for Women & Laparoscopy under Royal Clinics of O&G, claiming he failed to obtain her informed consent before performing several procedures during the birth of her child on 3 May 2020 at Mount Elizabeth Novena Hospital.

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Ms Cheng alleged that Dr Khoo did not seek her consent before carrying out cervical sweeps, manual fundal pressure, and an episiotomy (a surgical cut in the area between the anus and vagina).

She also claimed Dr Khoo had told her an emergency caesarean section was required, but then decided to “try something” to continue with natural birth.

Justice Choo accepted Dr Khoo’s evidence that he had explained the purpose and process of a cervical sweep before proceeding.

The judge noted that doctors in Singapore are not required to obtain formal consent for episiotomy or manual fundal pressure, which are routine procedures for natural birth.

“Medical procedures often involve numerous steps and routine actions,” Justice Choo said. “Requiring doctors to obtain explicit consent for each individual act within a medical procedure is impractical and would place an unreasonable burden on them.”

Post-Delivery Complications and Claim Dismissal

After being discharged, Ms Cheng noticed faecal matter coming out of her vagina. She informed Dr Khoo and saw him on 6 May.

Ms Cheng claimed Dr Khoo told her there were gaps in the stitching he had done, and that she had suffered an injury in the form of an abnormal connection between her rectum and vagina.

The judge noted that medical records at Mount Elizabeth Novena Hospital did not indicate faecal soiling during delivery.

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Dr Han How Chuan, a senior consultant who testified as an expert witness, said it was very unlikely for faeces to come out through the “small buttonhole” tear.

Another expert witness, a colorectal doctor, said it was unlikely that faeces leaked into the vagina as Ms Cheng had received an enema before delivery.

Justice Choo determined that Ms Cheng likely passed faecal matter through the tear on 5 May and the following day because she had diarrhoea, presumably from consuming a laxative.

Ms Cheng underwent surgery to repair her injuries about six months after giving birth. She claimed the incident caused her to develop post-partum depression and post-traumatic stress disorder, including difficulties bonding with her child.

Ms Cheng also sought S$36,000 for loss of earning capacity, claiming she “had no choice but to resign” from her role at a funeral service company founded by her father-in-law due to frequent medical leave.

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However, her manager and brother-in-law clarified that her termination was due to company restructuring in 2021, not her medical condition.

The judge noted Ms Cheng was able to earn the same or higher income in subsequent jobs, which she left because she found the roles “mundane,” “not as meaningful,” or “not a good fit.”

Justice Choo said, “She is now a homemaker, but she admits that she can work and has been looking for a new job. There is thus no loss of future earning capacity at all.”

Following the judgment, Dr Khoo told The Straits Times: “I’m pleased that the High Court has dismissed the claim. I have always strived to put my patients’ interests first, to try to achieve the best outcomes for both mother and baby.”

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Siti Hajar