Wrongly Convicted Database Record

 

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Soo Shuenn Chiang

 

Charge:

Breach confidentiality of medial data

Sentence:

"SGP$50,000 fine"

Years Imprisoned:

Year Crime:

2015

Year Convicted:

2019

Year Cleared:

2019

U.S. State or Country of Crime:

Singapore

County or Region of Crime:

Singapore

City of Crime:

Singapore

Result:

Judicially Exonerated

Summary of Case:

"Dr. Soo Shuenn Chiang was wrongly convicted on March 5, 2019 in Singapore of breaching a patient’s medical confidentiality in 2015. Dr Soo Chiang was the director of Neuroscience Clinic at the National University Hospital. Chiang's prosecution was based on the allegation in a complaint filed with the Singapore Medical Council by a female patient that he gave a memo containing the patient’s medical information to her brother. The allegation was further that the brother had posed as the patient’s husband during a call to the hospital to request the information about patient. The memo contained information that he woman was depressed, misused alcohol, and she was at risk of self-harm. The medical information in the memo was used to get a personal protection order against the patient. Soo pled guilty and was fined SGP$50,000 (approx US$37,000). Within weeks of his conviction Chiang appealed based on the new information that the brother had posted on social media that he had not called an impersonated her sister's husband, and it was her husband who had actually called and talked with Chiang. The brother and husband were both interviewed and gave statements. The new information that it was in fact the husband who called Chiang contradicted the Agreed Statement of Facts upon which Chiang agreed to plead guilty. On October 18, 2019 Singapore's High Court reversed Chiang's conviction on the basis of insufficient evidence he illegally breached his patient's confidentiality. The Court ruled Dr Soo Chiang had taken reasonable, appropriate steps and had good reason to disclose his patient’s confidential information to her husband. The Court's ruling stated: “As a preliminary point, a doctor may disclose a patient’s confidential medical information without her consent when he reasonably regards it as necessary to protect the patient from potentially serious self-harm; disclosure is in the patient’s best interests; and the patient’s consent cannot reasonably be obtained. ...In such circumstances, the disclosure should be made to those closest to the patient, such as her next of kin." The Court also determined that Chiang could not be held responsible for how the husband might decide to use or misuse the information in the memo, since the memo had in fact been delivered to the husband as he had instructed."

Conviction Caused By:

Innocence Proved By:

"On October 18, 2019 Singapore's High Court reversed Chiang's conviction on the basis of insufficient evidence he illegally breached his patient's confidentiality."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Asian

Information Source 1:

"High Court overturns conviction of doctor fined S$50,000 for giving out patient’s details, By Staff, Channel NewsAsia, October 18, 2019"

Information Location 1:

https://www.channelnewsasia.com/news/singapore/high-court-overturns-doctor-fine-give-out-patient-details-smc-12013140

Information Source 2:

"Singapore Medical Council to appeal doctor’s conviction after he gave out patient’s details, By Staff, Channel NewsAsia, May 21, 2019"

Information Location 2:

https://www.channelnewsasia.com/news/singapore/soo-shuenn-chiang-doctor-singapore-medical-council-patient-nuh-11551288

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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