Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Witness statement objections
  • 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…