4 Mar 2009
MARTIN JACQUES AND ANOTHER v. HOSPITAL AUTHORITY
- Citation
- MARTIN JACQUES AND ANOTHER v. HOSPITAL AUTHORITY
- Court
- Court of First Instance
- Case number
- HCPI1162/2002
The judge held that Professor Oh's report is relevant to the pleaded particulars of negligence because the particulars, read as a whole, encompass the matters he addresses; overlap in medical expertise (including commentary on SUDEP) is permissible where supported by literature; the specific postulation about a misplaced endotracheal tube, while a new factual hypothesis, relates to already pleaded inadequacy of ventilation and can be addressed by amendment or supplementary particulars; and for case management and fairness reasons the plaintiffs were granted leave to adduce Professor Oh as a s…