Hong Kong Medical Law Brief - August 2018 edition

Welcome to the latest edition of the Hong Kong Medical Law Brief.

In this edition:

We consider a recent decision from the Hong Kong High Court involving strike out of a wrongful life claim brought by an infant patient, Lam Wing Hei (a minor suing by her mother and next friend Lam Tsz Kiu) and Anor v Hospital Authority [2018]. We discuss:

  • the background to the case and the basis of the patient’s claim; and
  • the rationale for the decision, including the court’s comments on the sanctity of life.

Then, with the ongoing consultation from the Law Reform Commission in relation to giving court’s the power to make periodical payment orders (PPOs) in personal injury cases, we explore:

  • the pros and cons of the traditional lump sum model v PPOs;
  • the UK experience of the PPO model; and
  • practical considerations if PPOs are to be introduced in Hong Kong.

We hope you enjoy reading this edition of the Medical Law Brief and welcome your comments.

In this issue: