IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
PERSONAL INJURIES ACTION NO. 1114 OF 2006
Before: Hon Saunders J in Court
Date of Hearing: 11 April 2008
Date of Judgment: 11 April 2008
J U D G M E N T
1. This is a medical negligence action brought by Mr Saatori against Raffles Medical Group, alleging that some 4 years ago a nurse,employed by the Group, negligently syringed his ears resulting subsequently in him suffering from the condition known as tinnitus.
2. It is a fundamental principle of a medical negligence action that must be a proper medical report from an expert establishing liabilityor at least arguable negligence on the part of the defendant medical person, and linking that negligence, by causation, to the conditionsuffered by the Plaintiff.
3. Mr Saatori has filed four medical reports. None of those medical reports are sufficient to establish the required negligence orcausation.
4. I have a great deal of sympathy for Mr Saatori, for I understand the difficulty he feels, the discomfort he feels, the anguishhe feels, it goes beyond discomfort.
5. But in the absence of any evidence that the tinnitus has been caused by the syringing, that evidence coming from an appropriatelyqualified medical expert, the claim against the Raffles Medical Group must be struck out.
(Discussion re costs)
6. The plaintiff must pay the defendant’s costs of the action to be taxed on a party and party basis.
Mr Michael Lintern-Smith of Messrs Robertsons, for the Defendant
Plaintiff in Person