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Medical Negligence in Hong Kong and How to Avoid It

Medical Negligence in Hong Kong and How to Avoid It PDF Author: Cheong Peng Meng
Publisher: Hong Kong University Press
ISBN: 9888528181
Category : Law
Languages : en
Pages : 216

Book Description
Medical Negligence in Hong Kong and How to Avoid It provides essential information concerning the potential legal liabilities that medical professionals face when they treat patients. An easy-to-read reference, this book discusses landmark medical negligence case and analyzes medical malpractice specifically in the context of practicing medicine. It is divided into two parts. Part I sets the stage by giving an account of the development of negligence law in common-law jurisdictions including Hong Kong and ends with a discussion of selected medical negligence cases decided in Hong Kong courts. Part II sets out the practical issues relating to negligence law, including risk management, procedures to manage complaints and lawsuits, and alternative dispute resolution. “Written by an experienced frontline medical practitioner with a degree in law, this book provides an accessible and comprehensive overview of the procedures related to medicolegal cases in the Hong Kong SAR and includes a detailed and insightful discussion on some of the landmark Hong Kong court cases arising from accusations of medical negligence. The book is a valuable resource for healthcare professionals practicing in the SAR. I am glad to recommend it to all readers with an interest in medicine and law.” —Dr. Ko Wing Man, GBS, JP, Former Secretary for Food and Health, Hong Kong SAR “Medical negligence disputes could be resolved not only by litigation but also by other means such as mediation. There are interesting chapters in Dr. Cheong Peng Meng’s book, including one on resolving medical disputes by ADR processes. Medical practitioners and mediators will find this book helpful and invigorating.” —Ting-kwok Iu, MH, solicitor and mediator; adjunct professor, School of Law, City University of Hong Kong “The author should be praised for his efforts to collect ample local data to illustrate his viewpoints, including court cases, Medical Council cases, and alternative dispute resolutions figures. Written in a concise manner, this book offers discussions and analyses of an extensive range of the topics that can be reviewed within a short period of time.” —Dr. Danny Lee, Council Member, the Medical Council of Hong Kong

Medical Negligence in Hong Kong and How to Avoid It

Medical Negligence in Hong Kong and How to Avoid It PDF Author: Cheong Peng Meng
Publisher: Hong Kong University Press
ISBN: 9888528181
Category : Law
Languages : en
Pages : 216

Book Description
Medical Negligence in Hong Kong and How to Avoid It provides essential information concerning the potential legal liabilities that medical professionals face when they treat patients. An easy-to-read reference, this book discusses landmark medical negligence case and analyzes medical malpractice specifically in the context of practicing medicine. It is divided into two parts. Part I sets the stage by giving an account of the development of negligence law in common-law jurisdictions including Hong Kong and ends with a discussion of selected medical negligence cases decided in Hong Kong courts. Part II sets out the practical issues relating to negligence law, including risk management, procedures to manage complaints and lawsuits, and alternative dispute resolution. “Written by an experienced frontline medical practitioner with a degree in law, this book provides an accessible and comprehensive overview of the procedures related to medicolegal cases in the Hong Kong SAR and includes a detailed and insightful discussion on some of the landmark Hong Kong court cases arising from accusations of medical negligence. The book is a valuable resource for healthcare professionals practicing in the SAR. I am glad to recommend it to all readers with an interest in medicine and law.” —Dr. Ko Wing Man, GBS, JP, Former Secretary for Food and Health, Hong Kong SAR “Medical negligence disputes could be resolved not only by litigation but also by other means such as mediation. There are interesting chapters in Dr. Cheong Peng Meng’s book, including one on resolving medical disputes by ADR processes. Medical practitioners and mediators will find this book helpful and invigorating.” —Ting-kwok Iu, MH, solicitor and mediator; adjunct professor, School of Law, City University of Hong Kong “The author should be praised for his efforts to collect ample local data to illustrate his viewpoints, including court cases, Medical Council cases, and alternative dispute resolutions figures. Written in a concise manner, this book offers discussions and analyses of an extensive range of the topics that can be reviewed within a short period of time.” —Dr. Danny Lee, Council Member, the Medical Council of Hong Kong

Medical Malpractice in Hong Kong

Medical Malpractice in Hong Kong PDF Author: Po-Ping Li
Publisher:
ISBN: 9781361386002
Category :
Languages : en
Pages :

Book Description
This dissertation, "Medical Malpractice in Hong Kong" by Po-ping, Li, 李寶萍, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Hong Kong's public health has always been regarded as an excellent social programme providing quality service and meeting the basic needs of the general public at a heavily subsidized rate. However, medical malpractice seems to be getting more common in Hong Kong, and news reporting of medical malpractice is becoming more frequent too. This has prompted medical complaints concerning a wide range of medical problems, and a wider debate on the quality of Hong Kong's healthcare system. As such, the purpose of this study was to explore and understand the nature of medical malpractice in Hong Kong, and find out what forms of harm are caused to the patients and society. Thus, this study set out to identify what medical malpractice really means in Hong Kong through the eyes of different medical professionals. In total, five medical professionals participated in individual interviews in an effort to give their own opinions on the understandings, perceptions and expectation of the medical system. The findings demonstrated that all the interviewees in this study failed to interpret the nature of medical malpractice, and most of them tended to underestimate the harms caused to people and society. Furthermore, these studies have shown the techniques of neutralization involved in medical malpractice from a neutralization-based cultural criminology perspective. Instead of making doctors accountable, the interviewees tended to shift the blame to the hospital rather than doctors. This might be because our society tends to put high values on group norms over legal norms while failing to acknowledge the harm associated with society. Subjects: Medical personnel - Malpractice - China - Hong Kong

MEDICAL NEGLIGENCE LAW IN TRAN

MEDICAL NEGLIGENCE LAW IN TRAN PDF Author: Chunyan Ding
Publisher: Open Dissertation Press
ISBN: 9781374806658
Category : Law
Languages : en
Pages : 348

Book Description
This dissertation, "Medical Negligence Law in Transitional China: a Patient in Need of a Cure" by Chunyan, Ding, 丁春艳, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. DOI: 10.5353/th_b4391369 Subjects: Medical personnel - Malpractice - China Medical errors - China Medical laws and legislation - China

Medical Negligence in Hong Kong

Medical Negligence in Hong Kong PDF Author: Sau Ping Lam (Ph. D.)
Publisher:
ISBN:
Category : Medical personnel
Languages : en
Pages : 636

Book Description


Medical Malpractice in Hong Kong

Medical Malpractice in Hong Kong PDF Author:
Publisher:
ISBN:
Category : Medical personnel
Languages : en
Pages : 42

Book Description


Implications of Cultural Values on Substitute Decision-making and Medical Negligence in Hong Kong

Implications of Cultural Values on Substitute Decision-making and Medical Negligence in Hong Kong PDF Author: Clara Wing Kar Wong
Publisher:
ISBN:
Category : Capacity and disability
Languages : en
Pages : 192

Book Description
This thesis explores the implications of cultural values on substitute decision-making and medical negligence in Hong Kong. It argues that substitute decisions should be made in accordance with patients' wishes or best interests, unless there is clear and convincing evidence to the contrary. The thesis suggests that cultural values may impinge on medical negligence suits brought by third parties. It anticipates issues that may arise if a similar case as Hobbs v. Robertson1 was to come before the Hong Kong courts. The thesis argues that it may be justifiable to limit competent patients' right to waive medical negligence.1(2001), [2001] B.C.J. No. 190, 2001 CarSwellBC 227 (S.C.); rev'd on other grounds (2002), [2002] B.C.J. No. 2021, 2002 CarswellBC 2052 (C.A.); [2004] B.C.J. No. 1689, 243 D.L.R. (4th) 700 (B.C.S.C.); [2006] B.C.J. No. 266, 265 D.L.R. (4th) 537 (B.C.C.A.).

Medical Negligence Law in Transitional China

Medical Negligence Law in Transitional China PDF Author: Chunyan Ding
Publisher:
ISBN: 9781780680729
Category : Medical care
Languages : en
Pages : 0

Book Description
This book contributes to a better understanding of past developments and current problems in Chinese medical negligence law and is a useful source to understand the topics of professional negligence and personal injury in Chinese law and in the Chinese society.

Preventing Medical Malpractice and Compensating Victimised Patients in China

Preventing Medical Malpractice and Compensating Victimised Patients in China PDF Author: Xiaowei Yu
Publisher:
ISBN: 9781780687339
Category : Compensation (Law)
Languages : en
Pages :

Book Description
Preventing Medical Malpractice and Compensating Victimised Patients in China is the first book in English on the legal remedies for preventing medical errors and compensating victims of medical malpractice in China from an economic and legal perspective. Specifically, those legal remedies include tort liability, regulation, insurance and social security. The new medical liability regime based on the Tort Liability Law 2009 currently provides the primary legal remedy against medical malpractice. However, the role of alternative regimes in medical quality assurance and victim compensation should not be ignored. This book: - gives a full description of all the current legal remedies for the prevention of medical malpractice and compensation for iatrogenic injuries in China, in order to see how those different legal instruments interact with and impact on one another. - examines how those legal remedies work in practice and what impact they have on society, based on an extensive analysis of court decisions, several semi-structured interviews, and a review of the available empirical literature. - summarises the law and economics studies on medical malpractice and applies economic theories to the legal remedies in China, in order to put forward policy recommendations to China. The ultimate conclusion of this work is that although many aspects of the legal remedies in China are consistent with the economic model of accident law as far as the prevention of medical malpractice is concerned, they still need great improvement when it comes to compensation for iatrogenic injuries. Overall, this book provides a thorough examination and evaluation of the legal remedies for medical malpractice in China, especially taking into account the latest developments in economic theories and new empirical findings. Hence, it will be of interest to legal and economic scholars, students, lawyers, insurers and policy makers responsible for ensuring the quality of medical care.

Routledge Handbook of Constitutional Law in Greater China

Routledge Handbook of Constitutional Law in Greater China PDF Author: Ngoc Son Bui
Publisher: Taylor & Francis
ISBN: 1000800571
Category : Law
Languages : en
Pages : 517

Book Description
The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.

Diagnosis and Management in Primary Care

Diagnosis and Management in Primary Care PDF Author: William C. W. Wong
Publisher: Chinese University Press
ISBN: 9789629963330
Category : Diagnosis
Languages : en
Pages : 336

Book Description
This book is to provide clincial students with some basic principles of diagnosis and management, medico-legal pitfalls and roles of evidence in primary care. Using practical examples, the authors describe clearly the whole mental process in coming to a clinical diagnosis, with emphasis on important signs or symptoms and investigations to look out for. The book should be of interest to advanced medical students in the clinical years (year 3 to 5) and novice clinicians who will be using history and physical examination skills in the clinical setting. The examples are realistic and inspiring and the analyses to them are succinct.