Medical Negligence

Contact Info

  • Room 1602, 16/F., South China Building, No.1 Wyndham Street, Central Hong Kong
  • Tel: 2868 2919
  • Fax: 2868 2797
  • htw@hotsewai.com.hk

We trust medical professionals for their advice, but when there is medical malpractice, medical conditions may be aggravated, bringing the most devastating consequences to the patient and their families. We have a professional legal team who understand the financial and emotional stress involved to act for those in need. We have handled a significant number of medical negligence cases representing claimants against such malpractices. We advise clients with their claims against private or public hospitals, private clinicians and healthcare professionals.

Services we provide:

  • Lodging a civil claim on medical negligence
  • Assisting on complex and/or fatal accidents claims
  • Advising on medical reports and expert reports regarding liability, causation and quantum of damages
  • Advising and representing clients in Coroner’s Inquests
  • Negotiating on mediation or advising on settlement
  • Making applications under Mental Health Ordinance (Cap. 136)

Areas of medical conditions that we have dealt with including, but are not limited to:

  • Paediatric negligence, cerebral palsy and birth injury
  • Ophthalmology negligence (eye injury), blindness and vision loss
  • Spinal injury
  • Orthopaedics (musculoskeletal injury)
  • Amputation or limb loss
  • Cardiac surgery and heart diseases
  • Renal dysfunction
  • Neurological injury
  • Cognitive Developmental Delay
  • Minimally Conscious State and/or Permanent Vegetative State

In cases of :

  • Hospital negligence
  • Accident / Emergency cases
  • Surgical negligence
  • Errors in prescription of medication
  • Errors in anaesthetic procedures
  • Dangerous drugs and defective medical devices
  • Abuse / neglect of nursing home residents
  • Medical cosmetology and beauty treatment

What to do if you have a claim?

Medical practitioner, including doctors, surgeon, physiotherapist etc., may be liable for causing the injury or aggravated condition if it is suffered by reason of negligence (negligent act or omission).

Medical negligence claims are civil claims. You have a right to pursue a claim on different heads of damages, including past and future loss of income, pain, suffering and loss of amenity (PSLA), costs of future care, etc. Please keep all relevant documents including medical records, medical reports and receipts of medical care and transportation expenses to support the claim.

To bring a claim, you must prove a breach of duty of care and causation of damage, that is, the treating doctor did something or failed to do something which no reasonable practitioner would have done or failed to do, and that breach caused the patient to suffer an injury or condition that they would not otherwise have suffered.

Whether you are seriously injured or not, you should work with a lawyer to maximize the claim to provide for the medical and financial costs you may require throughout the rest of your life. Lawyers will further engage medical experts to help with your case.

As bringing a claim is complicated, time consuming and possibly costly, if the situation demands, you should consider obtaining Legal Aid to fund the litigation and seek an interim payment from the Defendant(s) to give the patient and their families appropriate care and support.

Please contact our Mr. John Clancey, Dr. Kwok Hei Yau or Ms. Bridget Clancey for advice.