Welcome to the latest edition of our Hong Kong Medical Law Brief, and our first in 2018.
In this edition:
We start with a discussion of the United Kingdom’s High Court decision in ARB v IVF Hammersmith Ltd [2017] EWHC 2438 (QB) which involved a claim for compensation following a “wrongful birth”. We explore:
- the concept of wrongful birth as a specific type of medical negligence claim;
- the Court’s approach in determining such cases; and
- the implications of this decision and what this means for Hong Kong, where the issue is yet to be tested in the Hong Kong Courts.
We then discuss an issue which we are truly passionate about, patient safety. As lawyers defending medical professionals and hospitals, as well as robustly defending cases with no merit, we understand the vital importance of transparency in discussions with patients and learning lessons when mistakes are made. We explore:
- how patient safety is facilitated in Hong Kong;
- the open dialogue between doctors and patients and internally within healthcare provider organisations; and
- the recent landscape in improving patient safety and accountability for incidents to build towards a caring future.
As always we hope you enjoy reading this edition of the Medical Law Brief and welcome your comments. In the meantime, we wish you a very happy and healthy 2018.
In this issue:
