KONG WAI TSANG, the personal representative of the estate of CHEUNG KONG, deceased (a minor) (Applicant) v HOSPITAL AUTHORITY, the body corporate having management and control of QUEEN MARY HOSPITAL (Respondent)

Read the full judgment text of FAMV 000003/2005 on BabelCite. This FAMV judgment was delivered on 16 June 2005 before Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Chan PJ.

Civil procedure – medical negligence – failure to warn – striking out – leave to appeal – Court of Final Appeal – Applicant personal representative of deceased teenaged daughter – Action based on alleged negligent treatment – Alternative claim of negligent failure to warn about drug side effects – Statement of claim struck out at checklist hearing – No reasonably arguable case on negligent treatment – But case on negligent failure to warn found potentially arguable – Leave to appeal granted limited to failure to warn issue – Parties may agree to dispose of appeal on paper without oral hearing

Legal issues: Leave to appeal on negligent failure to warn

Outcome: Leave to appeal granted limited to the issue of negligent failure to warn.