30 May 2002
HO YING WAI v. KELISTON MARINE (FAR EAST) LTD. AND ANOTHER
- Citation
- HO YING WAI v. KELISTON MARINE (FAR EAST) LTD. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCPI852/1999
Court held Keliston breached its duty by engaging and allowing a diver to work without verifying a valid medical certificate or log book and without ensuring the examining doctor had diving medicine expertise; Dr Yan was negligent in failing to take adequate history, failing to ensure and review appropriate chest imaging and records and in holding himself out as experienced in diving medicine; on balance the 1996 pneumothorax was caused by diving-related exertion and subsequent physical stress; liability apportioned 40% to Dr Yan, 30% to Keliston and 30% contributory to the plaintiff.