賴容 對 醫院管理局

賴容 對 醫院管理局

Defendant admitted liability; the court found on the balance of probabilities that the incident caused a relapse of the plaintiff's depressive disorder but that the plaintiff had significant pre-existing psychiatric conditions which made relapse likely irrespective of the incident and that the relapse had...

Source-derived case information.

Citation
賴容 對 醫院管理局
Parties
原告人: 賴容; 被告人: 醫院管理局
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 August 2015
Case Number
HCPI219/2013
Procedural Posture
Personal Injury (defamation/psychiatric Injury) / Assessment of Damages After Admission of Liability
Outcome
Judgment for plaintiff on liability (admitted). Damages awarded for proven losses after reductions for pre-existing condition; set-off of prior settlement; interest and costs orders as below.
Legal Topics
Negligence, Defamation, Psychiatric Injury, Causation, Quantification of Damages, Pre Existing Condition Reduction, Interest on Damages, Costs
Source Language
ch
Tort Employment Personal Injury Medical/psychiatric Evidence Negligence Defamation Psychiatric Injury Causation +4 more

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Parties

賴容

原告人

醫院管理局

被告人

Procedural Posture

Personal Injury (defamation/psychiatric Injury) / Assessment of Damages After Admission of Liability

Legal Issues

  1. 1 Whether the defendant's conduct caused the plaintiff's psychiatric injury
  2. 2 Extent and duration of psychiatric injury and appropriate quantum of damages
  3. 3 Effect of plaintiff's pre-existing depressive disorder and personality disorder on causation and quantum

Ratio Decidendi

Defendant admitted liability; the court found on the balance of probabilities that the incident caused a relapse of the plaintiff's depressive disorder but that the plaintiff had significant pre-existing psychiatric conditions which made relapse likely irrespective of the incident and that the relapse had effectively resolved by about December 2009. Accordingly damages for non‑pecuniary loss were reduced by 40% for the pre‑existing condition and quantified together with proven past pecuniary losses and expenses; certain claimed items were disallowed; interest applied and amounts previously received set off against the award.

Court Disposition

Judgment for plaintiff on liability (admitted). Damages awarded for proven losses after reductions for pre-existing condition; set-off of prior settlement; interest and costs orders as below.

Orders

  • Award of general damages (PSLA) HKD 180000 (after 40% reduction from HKD 300000)
  • Award of past earnings loss including MPF HKD 59640