According to documents filed by Alam’s lawyers – Raj Singh Shergill and Desiree Koh Jia Min from Lee Shergill law firm – Tan told Alam that he had a prolapsed disc with spinal cord compression.
He advised Alam to undergo surgery to replace the disc, and the operation was completed uneventfully, following which Alam returned to Bangladesh, the court documents filed by Alam’s lawyers state.
However, 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 Tan only in July 2022.
According to Alam, 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.
Alam’s lawyers allege that the way Tan injected local anaesthesia into Alam during the procedure injured Alam’s spinal cord.
Following the procedure, 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, 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, Alam alleges that 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.
Alam continued to be warded at Gleneagles after the incident. The hospital stated in its statement of claim that it does not employ Tan, who is a private specialist from Neurosurgery International.
Instead, Tan has “clinical admitting privileges” at Gleneagles, the hospital said, adding that it is not liable for the care Tan provided to Alam.
In February, Parkway Hospitals Singapore, which manages and operates Gleneagles, separately sued Alam to seek payment of his hospital bills.
According to the hospital’s statement of claim, 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 Alam has “refused to pay” any part of the incurred charges, which had ballooned to S$1.13 million as of January 9, 2024.
Gleneagles is represented by Legal Clinic.
In Alam’s defence filed against Gleneagles’ suit, his lawyers allege that Alam agreed to be treated at Gleneagles by Tan after speaking to a representative from a branch of Gleneagles in Bangladesh.
Alam alleged that the representative made implications that would cause a reasonable person to conclude that 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 Tan that led to harm or loss to Alam.
His lawyers alleged that Tan’s treatment in which he allegedly negligently caused harm to Alam occurred in close connection with Gleneagles’ enterprise in marketing its hospital services to foreign patients contemplating neurosurgery.
Alam also alleged in his defence that Tan and Gleneagles had told him that he should continue to stay at Gleneagles for treatment “in consideration” for deferring court proceedings.
Alam claimed that he was told the medical and hospital bills would be deferred while they were waiting for a payout from Tan’s professional liability insurers.
After this, Gleneagles would consider a discount, Alam alleged in his filed defence.
Alam’s lawyers said that their client was not in a position to mitigate his losses without his claim against Tan being resolved, or any interim payment being made by Tan’s insurer to Alam.
The lawyers also asked for Gleneagles’ claim to be put on hold temporarily, until Alam recovers compensation from Tan, including the hospital bills.
The court has scheduled case conferences for both suits to be heard.