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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
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.
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.
A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year. The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients. The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent, legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care.
Preventable medical errors kill and seriously injure thousands of people every year.
The purpose of this book is to provide a clear guide to tort law, examining the main principles and areas of the subject. It includes text emphasizing the main issues of liability. The text incorporates relevant materials, extracts from leading judgments, articles and reports of review bodies on tort law. It should prove especially useful for those who do not have access to a law library, as for those whose library is under severe pressure from users. It will be useful to those participating in seminars and tutorials and will enable them to take part in a good level of discussion. This new edition of Sourcebook on Torts has been fully revised and incorporates the Human Rights Act 1998. The effect of the European Courts decision in Osman is now being felt, as is evident from the judgments of the House of Lords in Barrett v Enfield BC. The Law Commission's proposals on liability for psychiatric illness are included. Developments in the tort of nuisance, the defence of qualified privilege and damages are also scrutinized. Several Law Commission reports and the Social Security (Recovery of Benefits) Act 1997 are also extracted, as are other new pieces of legislation, such as the Damages Act 1996 and the Defamation Act 1996.
This book provides a significant contribution to the discussions about the future of the system.The evidence-driven content draws from the deep expertise and experience of a wide spectrum of contributors, who represent virtually all relevant areas of the health system.
With the increasing number of complaints and court cases relating to healthcare disputes, healthcare practitioners (HCPs) are now facing more challenges and dilemmas in their daily practices. This book is unique in that most chapters are written jointly by two authors: one with legal training and one with a healthcare background. The balanced view offered thus allows readers to gain a thorough understanding of the concepts presented. Although most of the examples and scenarios are specific to medical doctors, the basic principles and ethical considerations as well as the enforcement of laws and regulations are, with some modifications, equally applicable to other HCPs, such as dentists, nurses, midwives, etc. Readers interested in healthcare law and ethics from numerous fields and stages of training, including legal and healthcare practitioners, trainees, postgraduate researchers and undergraduate students, will find this book both informative and practical as an aid to their work and studies.
Professional negligence cases are a minefield and clinical negligence cases are no exception. Providing invaluable advice from the leading experts in the field for each stage in a claim for clinical negligence. Full analysis of the relevant governing procedures and principles is provided, plus issues of funding and costs, including complaints procedures and procedures in the Court of Protection, as well as the interplay with human rights and the role of expert witnesses. The Eighth Edition ensures that practitioners maintain a progressive edge by providing useful precedents such as the latest model directions, instructions for experts and draft agendas for experts. It contains a new chapter on product liability and a separate Welsh chapter. It also includes coverage of the more than 250 reported cases concerning clinical negligence since the last edition. This includes: 2 in the Supreme Court 36 in the Court of Appeal - Civil Division 226 in the Queen's Bench Division 20+ in the county courts These cases cover a wide range of subjects from causation and breach of duty through to specifics relating to life expectancy and wrongful birth. An invaluable resource for all those involved in clinical negligence cases including personal injury and medical law solicitors, barristers and the judiciary. Medical doctors and legal advisors in NHS trusts will also find this a helpful guide. “This is a first class book, which provides a scholarly account of clinical negligence law”. Journal of Professional Negligence (Review of a previous edition)
First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.