Medical Negligence

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.

 

The types of claims that arise from sub-standard medical care and treatment are highly diverse and encompass misdiagnosis (including delayed diagnosis or failure to do a proper diagnosis, surgical errors, prescription of the wrong medication, or over-prescription of medicine, improper wound care, failure to report significant clinical findings, lack of informed consent for medical procedures, gynaecological and obstetrical errors, etc.

 

The ensuing injuries are also wide-ranging and include:-

Permanent neurological and brain damage;

Unnecessary amputations; 

Deformity;

Loss of life expectancy;

Uncontrolled infection resulting in multi-organ failure;

Unnecessary remedial surgery; 

Permanent loss of vision;

Urological dysfunction; 

Cosmetic injury;

Permanent pain and suffering;

Mental injury; 

Loss of life.

 

 

Our team of highly experienced medical negligence lawyers has the depth and range of expertise essential for this area of law that involves complex and intricate medico-legal issues. 

 

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

 

The medical negligence team has successfully recovered damages for claimants who were victims of medical mishaps in a wide range of clinical situations. Set out below are some examples:- 

 

Surgical error

A negligently performed surgical procedure involving embolization caused the patient to suffer mesenteric ischemia and ultimately was the cause of the death of the deceased. 

A settlement was reached at the pre-action stage for an undisclosed figure, plus legal costs.

 

Cancer misdiagnosis

Notwithstanding the radiological findings that clearly indicated the existence of cancer, as well as the finding of elevated serum cancer biomarkers, the defendant doctors failed to make the correct diagnosis that the patient’s cancer had spread to her bones. The claimant, who was the deceased’s child, argued that had the correct diagnosis been made, the cancer would have been diagnosed several months earlier, with the mutation status of the tumour known earlier. This would have allowed earlier systemic treatment of the deceased’s cancerous tumour.  Accordingly, amongst other things, the deceased would have avoided the unnecessary bone operation that she underwent upon the negligent advice of the defendant doctor, and the deceased’s would have earlier been able to undergo systemic chemotherapy for her cancer.

A settlement was reached at a very early stage of the legal proceedings for an undisclosed figure, plus legal costs.

 

Wrongful amputation/ Unnecessary remedial surgery 

The claimant originally was to undergo a minimally invasive surgery to remove a problematic growth.  The Defendant doctor had wrongfully removed a healthy part of the organ.  This resulted in an unnecessary remedial operation, which resulted in a general deterioration of the claimant’s health due to the wrongful removal, as well as the unnecessary secondary operation and administration of anaesthesia. 

After negotiations with the defendant doctor, a settlement was agreed, plus legal costs, prior to the commencement of proceedings.

 

Brain Damage

  1. A delayed surgical treatment of a not uncommon bowel obstruction in a young child led to serious brain damage. 
  2. A delayed heart operation in a young child caused hypoxic brain damage that left the patient totally dependent on others for life. 
  3. A medical procedure caused serious injury to a young child and the operation need to rectify the injury was not done for nearly 24 hours and as a result the patient suffered serious brain damage.
  4. Although a pregnant woman told the nurses who admitted her about her labour pains, she was placed in an area where, despite her calls for help, no nurses attended to her.  By the time the baby was delivered, she was brain damaged.

 

For all of the above, and similar cases, the settlement sum provided for loss of wages until the time of expected retirement and an amount of money that will provide for  life long care of the patient, plus costs of the action.

 

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.