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Medical malpractice, also known as medical negligence, involves a healthcare provider who fails to meet the required standard of care, leading to patient harm. In Kowloon, Hong Kong, this is handled under common law based on negligence principles. There is no specific ordinance relating to medical malpractice; instead, it is governed by several statutes combined with common law.
Several situations call for professional legal help in cases of medical malpractice. If an individual or their loved one has sustained significant injury, illness, or even death as a result of a medical professional's failure to provide the standard level of care, seeking legal help may be necessary. If you suspect that a doctor, nurse, or any healthcare provider has acted negligently, a lawyer can appraise the situation and guide you through the complex legal process involved in pursuing claims.
In Hong Kong, as far as medical malpractices are concerned, the Limitation Ordinance states that a patient has three years from the date of malpractice or from the date of discovery of injury in which to file a lawsuit. There is no cap on damages that can be recovered in a medical malpractice suit, and alongside compensation for the injury itself, plaintiffs may also claim for recovery of ancillary costs such as medical expense, loss of earnings and more.
Medical malpractice refers to healthcare providers' failure to meet the standards of care, which results in harm to the patient. This can include misdiagnosis, improper treatment, or failure to warn a patient of known risks.
In Hong Kong, under the Limitation Ordinance, patients have three years from either the date of malpractice or the date of discovery of injury to file a lawsuit.
No, there is no limitation on the amount of damages you can seek in a medical malpractice lawsuit in Hong Kong.
To claim medical malpractice, one must demonstrate that the healthcare provider breached their duty of care and that this breach caused the patient harm. This would typically require expert testimonies, medical records, and other relevant evidence.
Yes, if the hospital's negligence caused injury or harm, you have the right to sue the hospital for medical malpractice.
The Consumer Council and Hong Kong Medical Council can provide useful information and support for individuals dealing with medical malpractice issues. Legal professionals often recommend reaching out to these organizations for additional help and resources.
If you believe you are a victim of medical negligence, begin by collating any related medical records and documentation of your case. Seek expert legal advice to understand your legal rights and the procedure involved in filing a lawsuit for medical malpractice. A lawyer can guide you through the process, helping you seek the maximum compensation possible for your given situation.
