8 Mar 2021
YEUNG LAI PING v. SECRETARY FOR JUSTICE
- Citation
- [2021] HKCA 256
- Court
- Court of Appeal
- Case number
- CACV206/2019
The Court held DOH was negligent: it knew or ought to have known of the risk from repetitive forceful wrist activity and, given knowledge of the plaintiff’s symptoms and sick leave, it was negligent to assign three surgical extractions on 30 October 1999 and to maintain an excessive SX workload; the plaintiff suffered an acute-on-chronic attritional tear of the TFC on that date; causation established on balance of probabilities (but-for/material contribution); the TFC injury was indivisible so no apportionment; contributory negligence defence failed; pension payments received are not deductib…