ELIJAH SAATORI v. RAFFLES MEDICAL GROUP

HCPI 1114/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES ACTION NO. 1114 OF 2006

----------------------

----------------------

----------------------

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 liability or at least arguable negligence on the part of the defendant medical person, and linking that negligence, by causation, to the condition suffered by the Plaintiff. 

3.  Mr Saatori has filed four medical reports.  None of those medical reports are sufficient to establish the required negligence or causation.

4.  I have a great deal of sympathy for Mr Saatori, for I understand the difficulty he feels, the  discomfort he feels, the anguish he 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 appropriately qualified 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.