HON SUK WAH v. HO KING SIU

HON SUK WAH v. HO KING SIU

The report of Dr Yu was refused because the timeline and consciousness issues could be resolved from the existing contemporaneous GCS records and treating doctor's notes without need for an additional expert who had not examined the deceased; production was unnecessary rather than barred solely by non‑examination.

Citation
HON SUK WAH v. HO KING SIU
Parties
Plaintiff: Plaintiff; Defendant/dependant: Defendant; Deceased: Deceased
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 July 2008
Case Number
HCPI1042/2007
Procedural Posture
Personal Injury / Fatal Accident / Case Management Hearing Application to Produce Expert Report
Outcome
Medical report of Dr Yu is not to be produced.
Legal Topics
Production of Expert Report, Admissibility of Expert Opinion, Glasgow Coma Scale, Case Management, Necessity of Examination by Expert
Source Language
EN
Evidence Civil Procedure Medical Expert Evidence Personal Injury Production of Expert Report Admissibility of Expert Opinion Glasgow Coma Scale Case Management +1 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant/dependant

Deceased

Deceased

Procedural Posture

Personal Injury / Fatal Accident / Case Management Hearing Application to Produce Expert Report

Legal Issues

  1. 1 Whether the medical report of Dr Yu should be produced despite his not having examined the deceased
  2. 2 Whether existing medical records suffice to determine when the deceased lost consciousness and felt pain
  3. 3 Whether expert opinion is necessary where documentary evidence plainly resolves the issue

Ratio Decidendi

The report of Dr Yu was refused because the timeline and consciousness issues could be resolved from the existing contemporaneous GCS records and treating doctor's notes without need for an additional expert who had not examined the deceased; production was unnecessary rather than barred solely by non‑examination.

Court Disposition

Medical report of Dr Yu is not to be produced.

Orders

  • Medical report of Dr Yu is not to be produced.