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Article 17/12/2021
A roundup of recent court decisions raising issues relating to breach of duty and material contribution, mental capacity, qualified one way costs shifting, and dependency.
Article 15/12/2021
The response of the healthcare sector is likely to be one of the areas that the public inquiry into the management of the pandemic will focus on. For the inquiry to be effective and meaningful, it is expected that public bodies and organisations adopt the duty of candour in the provision of any information and when giving evidence. In this article, we discuss the duty of candour and how it will relate to any inquiry.
Article 09/12/2021
The UK Government has announced that an independent chairperson will be appointed the end of 2021 with a view to a public inquiry (the inquiry) being established to start inquiring into the management of the pandemic by Spring 2022.
Article 07/12/2021
On 10 September 2021 the government published a consultation on reforms to data protection law in the UK. Data: A new direction (the Consultation) proposes wholesale change to the UK legal framework, including the UK General Data Protection Regulation (UK GDPR). The changes, if implemented, are wide-ranging and significant and reinforce the government’s aim to capitalise on the UK’s “independent status” and create an ambitious, pro-growth and innovation-friendly data protection regime that maintains its high protection standards.
Article 06/12/2021
Against a background of the emergence of artificial intelligence (AI) in the global healthcare industry, this article will examine the challenge for personal data protection in the application of AI technologies in healthcare. We also consider the possible implications on the future law reform agenda for the Personal Data (Privacy) Ordinance (PDPO) in Hong Kong with reference to the General Data Protection Regulation (GDPR) introduced by the European Union.
Case review 06/12/2021
In Chan Kam Pui and Yang Wei, the Administrators of the estate of Yang Feng, deceased v Dr Lam Man Ho and Others [2021] HKCFI 2027 (HCPI 128/2013), the Hong Kong Court dismissed the plaintiffs’ leave application to plead a head of loss of service dependency, due to a lack of logical quantification of the loss. That head of loss related to entrepreneurial services provided by the deceased in managing the real estate properties inherited by the dependants.
Article 06/12/2021
Welcome to the latest edition of the Hong Kong Medical Law Brief.
Article 03/12/2021
A chairperson will be appointed by the end of this year with a view to establishing a public inquiry into the management of the pandemic in the Spring of 2022. We consider the role of the chairperson in a public inquiry, what the focus of the UK Government’s inquiry may be in light of the Scottish Government’s recent public consultation, and whether a Spring 2022 inquiry is realistic.
Article 01/12/2021
A summary of key developments including the NHS litigation reform inquiry, Liberty Protection Safeguards, the Health and Care Bill, the Assisted Dying Bill, and an updated clinical negligence protocol in Northern Ireland.
Article 24/11/2021
In the second part of our global healthcare webinar programme, our experts in Hong Kong, Thailand, Denmark, France, Ireland, Spain and Canada have provided insights into the healthcare system and medical malpractice claims within their jurisdictions.
