2011年9月6日 星期二

Heart-op student sues over body of '50-year-old man'

Heart-op student sues over body of '50-year-old man'

Diana Lee 

Tuesday, September 06, 2011

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A 21-year-old man is suing the government for HK$8 million because a heart operation he had three days after his birth was subsequently deemed unnecessary.

Fung Chun-man, a year-two environmental engineering student at the Hong Kong University of Science and Technology, claims that a misdiagnosis when he was only three days old meant an unnecessary operation has caused him to have the physical capability of "a 50-year-old man" and unfit to be a policeman.

Fung was diagnosed as suffering from transposition of the great vessels, a heart condition, and needed surgery to correct it.

The government yesterday admitted the liability and agreed the operation was unnecessary but said their expert witnesses suggested Fung's condition was within a normal and controllable standard.

The hearing in the Court of First Instance is to assess the extent of damages to which Fung is entitled.

The operation was conducted on July 26, 1990, three days after he was born in Prince of Wales Hospital.

Three months later the hospital told his parents the operation had been unnecessary but assured them a hole in his heart would heal by itself. In 1996, Fung suffered from swelling in the lower body, rashes and stomachache with symptoms of heart failure, but the Prince of Wales Hospital did not treat the matter seriously, the plaintiff claimed.

It was not until 2002 that a medical check-up found the nine millimeter hole in his heart had enlarged to three centimeters. He needed another operation to correct this which was carried out in February 2003 at Grantham Hospital.

His life and studies were seriously affected by the unnecessary operation, it was claimed.

David Hu Chung-kuen, a specialist in cardiology, testifying for the plaintiff, said in a report that Fung's body functions were similar to those of a 50-year-old man.

From the witness box yesterday, Fung said he had wanted to join the police force but could not because he suffered bouts of chest tightness and shortness of breath and could not run even short distances.

His academic results were not as good as his classmates as he had constant chest pains which made it difficult for him to concentrate.

He needed painkillers to concentrate on his studies.

Fung said he wanted to work for oil companies overseas but his health prevented him.

The hearing continues today before Judge Mohan Bharwaney.

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