Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Psychosomatic disorder

  • 3 Feb 2004

    AU YEUNG MIU SIM v. TSANG KWONG WAI & ANOTHER

    Citation
    AU YEUNG MIU SIM v. TSANG KWONG WAI & ANOTHER
    Court
    Court of Appeal
    Case number
    CACV90/2003

    The Court upheld the master's factual finding that the plaintiff suffered a mild psychosomatic (somatoform) pain disorder based on expert medical evidence and held that the appellants failed to demonstrate a serious error of fact. Consequently the award for PSLA ($250,000) and findings on employability and period of disability were upheld. However the master applied an incorrect test in disallowing specified special medical and related expenses; those expenses, if honestly and reasonably incurred on medical advice, are recoverable and the cross-appeal succeeds on that point.

  • 21 Mar 2003

    AU YEUNG MIU SUM v. TSANG KWONG WAI AND ANOTHER

    Citation
    AU YEUNG MIU SUM v. TSANG KWONG WAI AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI244/2001

    Liability having been established, the court found the physical injuries were minor and largely resolved; the plaintiff developed a mild psychosomatic disorder partly due to her belief and excessive treatments, and partly exaggerated symptoms. The psychosomatic condition rendered her unfit to continue as a bus driver but did not prevent basic manual or sedentary work. The court therefore awarded PSLA and quantified pre-trial and future lost earnings with deductions for income received and notional alternative earnings, allowed a limited set of reasonable medical and travel expenses, reduced o…