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Report 02/02/2023
In this quantum comparison report, we provide an overview of the approach to claims, capturing the insights from our medical negligence experts in Australia, Canada, France, Hong Kong, Ireland, Israel, Latin America, Portugal, Spain and the UK.
Article 20/12/2022
On 6 September 2022, the Mental Health and Wellbeing Act 2022 (Vic) received Royal Assent. In this article we consider whether the Act has the capacity to deliver a fairer, more compassionate mental health system focussed on consumer recovery and support, a system which encourages a human rights-based culture to flourish.
Article 16/12/2022
Social media has become a powerful communication platform which enables the communication and distribution of information across the globe. However, its use also presents a number of risks. In this special edition, we consider the importance of regulation when social media is used in the healthcare context. In doing so, we consider the recent changes to the Code of Professional Conduct by the Medical Council which came into effect in October 2022 and the impact of changes relating to doctors’ dissemination of professional service information to the public and patients in social media and other media and share our observations.
Article 16/12/2022
The Medical Council of Hong Kong (the Medical Council) introduced a number of amendments to the Code of Professional Conduct published in January 2016 (the Code) with regard to doctors’ dissemination of professional service information (Relevant Information) to the public and patients, as well as unsolicited promotion of services. Such amendments recently came into effect in October 2022.
These amendments potentially increase the methods of disseminating Relevant Information (such as in social media) and unsolicited promotion of services, that will be subject to the Medical Council’s scrutiny. The amendments are likely to impact how doctors and medical practice groups communicate and the type of information they decide to communicate to the public and their patients. Awareness of these developments is therefore important for both doctors and insurers.
Case review 16/12/2022
In this case the Hong Kong Court dismissed the defendants’ summons for (i) specific discovery of documents relating to the plaintiff’s earnings, and (ii) an Order that the plaintiff do file and serve her answers to the defendants’ interrogatories without order. The defendants were ordered to pay costs of the entire summons although they did not pursue the specific discovery application and abandoned part of their interrogatories as the Court found that the defendant’s requested documents and information were not necessary.
Article 13/12/2022
Disputes arise even in the most successful medical practices, and often among partners or colleagues who have otherwise worked harmoniously. What can medical practices do to minimise the disruption caused by disputes?
Article 12/12/2022
A summary of key developments including the key civil justice priorities for the Civil Justice Council and Ministry of Justice, the discount rate in England & Wales, fixed recoverable costs, and the Health and Safety Executive’s annual report.
Article 12/12/2022
A roundup of recent court decisions raising issues relating to limitation defences in Scotland, the role of experts, the application of the Civil Liability (Contribution) Act 1978, and contracting out of fixed costs.
Article 24/11/2022
In this article we explore a recent decision of the Victorian Civil and Administrative Tribunal, which serves as a reminder of the importance of confidentiality in the doctor-patient relationship and the situations in which the disclosure of patient health information is prohibited.
Article 10/11/2022
The Irish Court of Appeal has voiced strong criticism of the “hired gun” expert who takes on the role of advocate, and has signalled much tighter control and greater enforcement of the rules relating to expert evidence (Duffy v McGee Insulation Services). The Court also warned that lawyers who call experts who do not comply with their duties to the Court may face adverse consequences in respect of legal costs.
