Medical Negligence | 醫療疏忽
1. 醫生沒有及時提供醫療服務，導致我的傷口受感染。我可否提出索償？My doctor did not provide me with timely medical care, causing my wound to be infected. Can I claim medical compensation?
在裁定醫療疏忽時，必須確立以下三點：
a) 醫生在治療過程出現嚴重錯誤，而其他稱職的醫生不會犯上這種錯誤；
b) 醫生沒有向申索人履行謹慎責任；及
c) 醫生(i)沒有履行謹慎責任，(ii)致使申索人受傷及損失，或是導致申索人受傷及損失的主要原因。
若以上三點成立，你可以進行索償。
When assessing medical negligence, it is necessary to ascertain the following 3 elements:
a) the doctor made a serious mistake during the medical treatment, while other competent doctors would not have made such mistake;
b) the doctor did not exercise reasonable care towards the claimant; and
c) the doctor (i) did not exercise reasonable care, (ii) causing the claimant to suffer injuries and damage, or that which was a main reason for the claimant’s injuries and damage.
If the above elements are proved, you can commence your claim.
a) 醫生在治療過程出現嚴重錯誤，而其他稱職的醫生不會犯上這種錯誤；
b) 醫生沒有向申索人履行謹慎責任；及
c) 醫生(i)沒有履行謹慎責任，(ii)致使申索人受傷及損失，或是導致申索人受傷及損失的主要原因。
若以上三點成立，你可以進行索償。
When assessing medical negligence, it is necessary to ascertain the following 3 elements:
a) the doctor made a serious mistake during the medical treatment, while other competent doctors would not have made such mistake;
b) the doctor did not exercise reasonable care towards the claimant; and
c) the doctor (i) did not exercise reasonable care, (ii) causing the claimant to suffer injuries and damage, or that which was a main reason for the claimant’s injuries and damage.
If the above elements are proved, you can commence your claim.
2. 我是一名醫生。病人服用了我給的藥物後過敏。這樣我算醫療疏忽嗎？I am a doctor. A patient suffered an allergic reaction after having taken medicine prescribed by me. Was I medically negligent?
病人因治療出現不良反應，不一定需要您負責，除非病人不理想的治療效果是因為你的專業執行護理低於一名稱職的醫生的表現（請查看第一題需要證明醫療疏忽的三點）。
If your patient developed undesirable reactions due to your treatment, you might not be held liable unless your performance falls below the standard of a competent doctor (you may refer to the three elements of medical negligence in Question 1).
If your patient developed undesirable reactions due to your treatment, you might not be held liable unless your performance falls below the standard of a competent doctor (you may refer to the three elements of medical negligence in Question 1).
3. 我兒子因醫療疏忽而死亡。我可以索償多少錢? My son died as a result of medical negligence. How much compensation can I claim?
每個案件都不一樣。但當涉及致命事故，一般的賠償包括：
a) 殮葬費用；
b) 喪親悲痛的補償，現時為港幣150,000元；
c) 失去依靠的損失；
d) 財富積累之損失；
e) 喪失服務；
f) 以上述賠償計算的利息；
g) 申索人的訟費。
Each case depends on its facts. Where fatal accidents are involved, the amount of compensation generally comprises of:
a) funeral expenses;
b) damages for bereavement, currently set at HKD 150,000;
c) loss of dependency;
d) loss of accumulation of wealth;
e) loss of services;
f) interest on the above damages;
g) legal costs of the claimant.
a) 殮葬費用；
b) 喪親悲痛的補償，現時為港幣150,000元；
c) 失去依靠的損失；
d) 財富積累之損失；
e) 喪失服務；
f) 以上述賠償計算的利息；
g) 申索人的訟費。
Each case depends on its facts. Where fatal accidents are involved, the amount of compensation generally comprises of:
a) funeral expenses;
b) damages for bereavement, currently set at HKD 150,000;
c) loss of dependency;
d) loss of accumulation of wealth;
e) loss of services;
f) interest on the above damages;
g) legal costs of the claimant.
4. 我可否從香港醫務委員會獲得索償？ Can I receive compensation from the Medical Councilof Hong Kong?
您需通過法律途徑提出民事賠償申索，而不是醫務委員會。您可向委員會投訴，但委員會只獲授權處理註冊醫生的專業失當個案。
You have to claim civil compensation by legal means rather than under the Medical Council. You may complain to the Medical Council, but its power is limited to handle medical misconduct of registered doctors only.
You have to claim civil compensation by legal means rather than under the Medical Council. You may complain to the Medical Council, but its power is limited to handle medical misconduct of registered doctors only.
5. 吳建華律師行有處理醫療疏忽的律師嗎? Does Kevin Ng & Co., Solicitors have solicitors who can handle cases of medical negligence?
本行吳建華律師、黃吳潔華律師及孫文軒律師皆有處理醫療疏忽案件的經驗。請致電852-2545-8181本行職員查詢。
Our solicitors Mr. Kevin Ng and Mrs. Wong Ng Kit Wah Cecilia and Mr. Jacky Suen are experienced solicitors in medical negligence cases. Please contact our staff through telephone 852-2545-8181 for details.
Our solicitors Mr. Kevin Ng and Mrs. Wong Ng Kit Wah Cecilia and Mr. Jacky Suen are experienced solicitors in medical negligence cases. Please contact our staff through telephone 852-2545-8181 for details.
