Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Negligent treatment

Legal area

Court

20 Mar 2006

KONG WAI TSANG v. HOSPITAL AUTHORITY

Citation

KONG WAI TSANG v. HOSPITAL AUTHORITY
Court

Court of Final Appeal
Case number

FACV16/2005

The appeal was allowed: the action was reinstated to enable the appellant to plead a negligent failure to warn claim because that cause of action is reasonably arguable and was not abandoned; particulars (g) and (h) were disallowed because they improperly alleged negligent treatment rather than mere failure to warn; the matter is remitted for amendment with specified procedural timetables and specified costs orders.
16 Jun 2005

KONG WAI TSANG v. HOSPITAL AUTHORITY

Citation

KONG WAI TSANG v. HOSPITAL AUTHORITY
Court

Court of Final Appeal
Case number

FAMV3/2005

Leave to appeal to the Court of Final Appeal was granted limited to the issue whether a case of negligent failure to warn is reasonably arguable; the court held negligent treatment was not reasonably arguable on the materials, but the applicant should be permitted to seek reinstatement and leave to plead negligent failure to warn before the Court of Final Appeal.