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Personal Injury & Medical Negligence

Injuries can be physical or mental.  We advise clients in claims for damages for both physical and mental injuries in connection with all kinds of accidents including but not limited to road traffic accident, industrial accident at construction sites and other industrial undertakings, accident at workplace, lift and escalator accident, slip and fall accident, assault and animal bite accident. We are experienced in acting for infant, mentally incapacitated person and victim who has become paraplegic or quadriplegic as a result of the accident. We also have extensive experience in advising patients and medical practitioners on medical negligence claims.

We provide the following services:

  • advising clients on their rights and duties in personal injuries claims under common law;
  • assisting clients in exploring settlement;
  • advising on and assisting in legal aid application;
  • pursuing or defending the personal injuries claims under common law in courts; and
  • making applications under Mental Health Ordinance.

If you would like to know more about our insurance & personal injury practice or how we can help your business, please contact us at (852) 2810 1212 or at insurance_pi@onc.hk.

 

Please refer to our articles in ‘Knowledge’

 


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Do I have any claim against the registered owners / occupiers blocking the path to an exclusively possessed area in case of fire?
On 5 March 2020, the Hong Kong Court of First Instance (“CFI”) handed down a judgment (Tang Ho Hei v Chan Po Mei [2020] HKCFI 342) which held that the defendant is liable to the plaintiff for personal injuries when the miscellaneous articles placed at the common staircase outside the defendant’s flat obstructed the plaintiff’s escape path to the roof during a fire.
Can a paraplegic plaintiff claim the cost of an exoskeleton?
In personal injury cases, as a general principle, the court will award damages to the injured person in order to restore him, as nearly as possible, to the position the injured person would have been if he had not been injured. On 23 April 2020, the Hong Kong Court of First Instance (“CFI”) handed down a judgment (Lai Chi Wai v Tong Hung Kwok and Another [2020] HKCFI 628) which, for the first time in Hong Kong, ordered the defendant pay for the costs of an exoskeleton as part of the damages to a paraplegic Plaintiff in a personal injury claim.
What is the time limit for instituting a medical negligence claim?
Under section 27 of the Limitation Ordinance (Cap 347) (the “LO”), the limitation period for a plaintiff to make a claim for personal injury is three years from the date of the accrual of the cause of action or the date of knowledge, whichever is later. The key question is: when is the date of knowledge? In a recent medical negligence case of Momin Lok v Hospital Authority [2021] HKCA 1075, the Court of Appeal (the “CA”) revisited section 27 and section 30 of the LO and held that the knowledge requirement has been fulfilled when the Plaintiff had acquired the requisite knowledge that her injury was capable of being attributed to the anticoagulation medication and treatment. The Plaintiff’s misguided belief at that time in the precise manner in which the treatment resulted in injury was not so fundamental as to mean that she did not possess such requisite knowledge.
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