WONG CHU SHEK, Administrator of YAM YUET NOG, DECEASED 對 CHAN TAM YUK t/a CHUN FAI HOME FOR THE AGED

WONG CHU SHEK, Administrator of YAM YUET NOG, DECEASED 對 CHAN TAM YUK t/a CHUN FAI HOME FOR THE AGED

On the uncontested expert medical evidence the pressure ulcers developed during the deceased's stay at the care home and caused a Staphylococcus capitis septicaemia leading to death; the defendant's contemporaneous turning records were found fabricated or unreliable and the defendant failed to call key witnesses or...

Source-derived case information.

Citation
[2018] HKDC 96
Parties
Plaintiff: WONG CHU SHEK, Administrator of YAM YUET NOG, deceased; Defendant: CHAN TAM YUK trading as CHUN FAI HOME FOR THE AGED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 January 2018
Case Number
DCPI2523/2012
Procedural Posture
Fatal Personal Injury / Negligence / Judgment After Trial
Outcome
Judgment for plaintiff
Legal Topics
Duty of Care, Breach of Duty, Causation, Res Ipsa Loquitur, Pressure Ulcers (bedsores), Damages
Source Language
ch
Tort Medical Negligence Elder Care Liability Wrongful Death Duty of Care Breach of Duty Causation Res Ipsa Loquitur +2 more

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Parties

WONG CHU SHEK, Administrator of YAM YUET NOG, deceased

Plaintiff

CHAN TAM YUK trading as CHUN FAI HOME FOR THE AGED

Defendant

Procedural Posture

Fatal Personal Injury / Negligence / Judgment After Trial

  1. 1 Whether the fatal infected bedsores developed during the deceased's residence at the care home
  2. 2 Whether the bedsores were caused by the defendant's failure to turn the deceased at the required intervals or otherwise breach the standard of care
  3. 3 Whether the defendant's turning records and explanations rebut the prima facie case of negligence (including application of res ipsa loquitur)

Ratio Decidendi

On the uncontested expert medical evidence the pressure ulcers developed during the deceased's stay at the care home and caused a Staphylococcus capitis septicaemia leading to death; the defendant's contemporaneous turning records were found fabricated or unreliable and the defendant failed to call key witnesses or provide a plausible explanation, including under the res ipsa loquitur approach, therefore the defendant was negligent and liable for the deceased's death and the plaintiff was entitled to damages.

Court Disposition

Judgment for plaintiff

Orders

  • Defendant to pay plaintiff HKD 530000 and interest
  • Interest on bereavement award from date of death (7 December 2009) to judgment at suitors' funds rate, thereafter at 8% until paid