MARTIN JACQUES the husband and executor of HARINDER KAUR VERIAH, deceased AND ANOTHER v. HOSPITAL AUTHORITY

MARTIN JACQUES the husband and executor of HARINDER KAUR VERIAH, deceased AND ANOTHER v. HOSPITAL AUTHORITY

Interrogatories relating to the timing and handling of the two arterial blood gas analyses were relevant and necessary because they are directly connected to discovered medical printouts and to the central issue of whether resuscitation was ineffective and causative of hypoxia; they are not mere fishing and are not oppressive given available documentary timestamps and likely identifiable staff, therefore the defendant's summons to dismiss the interrogatories must be dismissed.

Citation
MARTIN JACQUES the husband and executor of HARINDER KAUR VERIAH, deceased AND ANOTHER v. HOSPITAL AUTHORITY
Parties
1st Plaintiff: Martin Jacques (husband and executor of Harinder Kaur Veriah, deceased); 2nd Plaintiff: Martin Jacques; Defendant: Hospital Authority
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 September 2008
Case Number
HCPI1162/2002
Procedural Posture
Personal Injuries Action / Interlocutory Application to Dismiss Interrogatories (pre Trial)
Outcome
Defendant's summons dismissed; plaintiff's interrogatories to be answered
Legal Topics
Interrogatories, Discovery, Expert Evidence, Causation, Resuscitation
Source Language
EN
Medical Negligence Civil Procedure Personal Injury Interrogatories Discovery Expert Evidence Causation Resuscitation

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Parties

Martin Jacques (husband and executor of Harinder Kaur Veriah, deceased)

1st Plaintiff

Martin Jacques

2nd Plaintiff

Hospital Authority

Defendant

Procedural Posture

Personal Injuries Action / Interlocutory Application to Dismiss Interrogatories (pre Trial)

Legal Issues

  1. 1 Whether interrogatories about timing and handling of arterial blood gas tests are relevant and necessary to the pleaded negligence claim
  2. 2 Whether the interrogatories improperly introduce a new unpleaded allegation or constitute fishing
  3. 3 Whether requiring answers after an eight year delay would be oppressive to the defendant

Ratio Decidendi

Interrogatories relating to the timing and handling of the two arterial blood gas analyses were relevant and necessary because they are directly connected to discovered medical printouts and to the central issue of whether resuscitation was ineffective and causative of hypoxia; they are not mere fishing and are not oppressive given available documentary timestamps and likely identifiable staff, therefore the defendant's summons to dismiss the interrogatories must be dismissed.

Court Disposition

Defendant's summons dismissed; plaintiff's interrogatories to be answered

Orders

  • Defendant's summons seeking to dismiss the interrogatories of the plaintiff is dismissed
  • Costs nisi that the defendant pays to the plaintiff the costs of the application and the hearing of it in any event