TAI KUT SING v. CHOI CHUN KWAN

TAI KUT SING v. CHOI CHUN KWAN

Defendant's treatment fell below the standard of a specialist herbalist; expert evidence established that the use of toxic substances and the subsequent cutting caused chemical burns, tissue necrosis and an anal stricture producing permanent 40% loss of anal function; causation established; battery not proved because plaintiff consented to further treatment without specific enquiry; plaintiff entitled to damages as assessed by court.

Citation
TAI KUT SING v. CHOI CHUN KWAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 March 2002
Case Number
HCPI812/1995
Procedural Posture
Civil Medical Negligence / Personal Injury / Judgment at Trial
Outcome
Judgment for the plaintiff
Legal Topics
Negligence, Informed Consent, Causation, Quantum, Expert Evidence, Interest on Judgments
Source Language
EN
Medical Negligence Personal Injury Professional Negligence Battery Damages Negligence Informed Consent Causation +3 more

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Procedural Posture

Civil Medical Negligence / Personal Injury / Judgment at Trial

Legal Issues

  1. 1 Whether the defendant was negligent in treating the plaintiff
  2. 2 Whether the defendant committed battery by performing a surgical cut without consent
  3. 3 Causation between defendant's treatment and plaintiff's injuries

Ratio Decidendi

Defendant's treatment fell below the standard of a specialist herbalist; expert evidence established that the use of toxic substances and the subsequent cutting caused chemical burns, tissue necrosis and an anal stricture producing permanent 40% loss of anal function; causation established; battery not proved because plaintiff consented to further treatment without specific enquiry; plaintiff entitled to damages as assessed by court.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment for the plaintiff in the sum of $1,474,602.80
  • Interests: on past pecuniary losses and expenses at half the current judgment rate from date of accident to date of judgment and thereafter at full judgment rate; interest on general damages at 2% from date of service of writ to date of judgment and thereafter at judgment rate; specific calculations to be worked out...