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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.
- Chapter 1 Introduction
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Chapter 2 Introduction of Basic Legal Concepts Relating to Healthcare
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Introduction
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Fundamental Right to Health and Healthcare
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Legal Issues of Life,Health and Death
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Healthcare Practitioners’ Duties to Patients from the Tortious Perspective
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Healthcare Practitioners’ Duties to Patients from Contractual,Statutory and Criminal Perspectives
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Healthcare Practitioners’ Duties Relating to Family Law
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Patients’ Confidentiality
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Contributory Negligence
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Conclusion
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Chapter 3 Medico-Legal Challenges and Ethical Dilemmas in Day-to-Day Practices
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Background：Ethical Principles
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Discussion of Ethical Dilemma Cases
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Non-Malfeasance：Is Harmful Effect Foreseeable？
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Harm and Benefits can be Contradictory
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Justice and Fairness
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Conclusion
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Chapter 4 Disclosure of Information and Informed Consent：Montgomery v Lanarkshire Health Board－The History,Significance and Practical Effect of the Decision,and Its Perils and Pitfalls for Clinicians
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The Importance of the Montgomery Case
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The Bolam Test Explained
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The Harmful Effects of Bolam
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The Case of Sidaway Had Entrenched the Bolam Test
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The Reasonable Patient Test
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The Key Legal Principles as Set Out in Montgomery
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The Consenting Process under Montgomery
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Guidelines for the Application of the Montgomery Principles
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Why Claims Based on Inadequate Disclosure Most Often Fail？The Crucial Issue of Legal ‘Causation’？
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The Montgomery Principles Were Not New
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Conclusion
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Chapter 5 What Constitutes Negligence and Gross Negligence Manslaughter？
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Introduction
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Duty of Care
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Breach of Duty of Care
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Causation
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Gross Negligence Manslaughter （GNM）
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Telehealth Practices
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Conclusion
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Chapter 6 Complaints and Disciplinary Proceedings before the Medical Council of Hong Kong
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Introduction
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Complaints
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Post-Referral Preparation for the Disciplinary Hearing
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The Charge in the Notice of Inquiry
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The Disciplinary Hearing
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Chapter 7 Beyond the Discipline of Doctors：Other Aspects of the Regulation of Healthcare Professionals in Hong Kong
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A Comparison of Disciplinary Proceedings Against Doctors,Dentists,Nurses and Midwives in Hong Kong
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The MCHK’s Health Jurisdiction
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Appeals from the Regulators
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Hong Kong’s Regulation of Healthcare Professionals from an International Perspective
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Reforms of the Medical Council’s Governing Legislation in 2018
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The Future of the Regulation of Healthcare Professionals in Hong Kong
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Chapter 8 Professional Indemnity Insurance：Occurrence-Based or Claims-Made？ What Are the Protections？
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Introduction
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Complaints and Claims against Medical Practitioners
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Medical Professional Indemnity
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Professional Indemnity for Doctors in Hong Kong
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Discussion：Part I
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Discussion：Part II
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Conclusion
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Chapter 9 Confidentiality,Privacy and Personal Data
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When Does Issue of Confidentiality Arise？
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Basis and Scope of Duty of Confidentiality
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Common Medico-Legal Issues Associated with the Duty of Confidentiality
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Conclusion
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Chapter 10 Open Disclosure in Healthcare
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Background
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History of Open Disclosure and the Introduction of Related Policy and Legislation
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Case Studies Using Hong Kong Scene
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Impact
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Legal Aspects
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Staff Care and Concerns
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Public Disclosure
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Professionalism and Open Disclosure
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Conclusion
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Chapter 11 ‘Sorry’ is No Longer the Hardest Word：The Apology Ordinance of Hong Kong
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Introduction
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What Constitutes an Apology？
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The Legal Theory
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The Purpose and Rationales behind the First Apology Legislation
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Overview of Selected Common Law Jurisdictions
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The Apology Ordinance of Hong Kong
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A Practical Approach to Apologies and Dispute Resolution
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What Do Patients and the Public Want？
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Support for Healthcare Practitioners
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Conclusion－The Future
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Chapter 12 Alternative Dispute Resolution in Healthcare Disputes：An Evolving Culture
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Introduction
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The Emergence of an Alternative Dispute Resolution Culture
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The Roles of the Courts
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Costs
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The Alternative Dispute Resolution Regime：Mediation
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Confidentiality
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Professional Indemnity Insurance
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Mediation of Clinical Negligence Claims
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The Mediation Process
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Timing of the Mediation
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The Advantages of Mediation
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Uptake and Progress
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Online Dispute Resolution
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Disputes Not Suitable for Mediation
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Collaborative Practice
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Arbitration
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Conclusion
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Chapter 13 Relationship with Colleagues
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Introduction
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Delegation of Duties and Cross Professional Legal Liabilities
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Disparaging Remarks as Disruptive or Unprofessional Behaviour
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Whistleblowing and Supporting One’s Colleagues
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Professional Courtesy and Preferential Access
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Conclusion
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Chapter 14 Occupier’s Liability：Some Legal Lessons for Healthcare Institutes
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Introduction
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The Occupiers Liability Ordinance （CAP 314） in Hong Kong
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Legal Lessons and Precautionary Measures
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Conclusion
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- Chapter 15 Concluding Remarks
- 出版地 ： 香港
- 語言 ： 英文
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