Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 15) – Duty of Care

Just to recap; I have been looking at the Reasons for Sentence in the case of HKSAR and Kwan Hau chi, Vanessa. The verdict had been declared: “guilty”. Now, on 4 October 2021, the Hon D’Almada Remedios J is going to present her review of the case and the factors she has taken into account when deciding the sentence. I am referring to an official document which is in the public domain. The case reference is HCCC 200/2018. It is a shameful document, but we must all share in that shame.

Investigation into unlicensed botulinum toxin: comment from the editor

The recent Times investigation and subsequent reported investigation by the MHRA on the use of unlicensed botulinum toxin in the UK is something that is sorely needed in a sector that is unregulated.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 14) – Records of necessary information: Drugs Administered and the physiological response of the patient

It is the system that places the Judge as an interpreter of “truths” and sadly, susceptible to false information.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 13) – Records of necessary information

Today is the first day of the Chinese New Year. This is the year of the Tiger. I am fine, I am a Dragon. This is going to be an interesting year.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 12) – Risk

Risks are ubiquitous in medicine. It is very important to realise that a risk can be both a threat and a friend. Risks relate to probabilities. The probability or possibility that the outcome may not be as desired. The Law does have a perverse view on this. The Law likes, demands, seeks cause and consequence. An honest doctor can rarely satisfy the Law. And that is why it was such a bad thing to see this poor Judge being led by the nose by two unscrupulous Medical “Experts”!

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 11) – Misinformed assent

I wonder how fast time goes in prison? 2022.This was Vanessa’s first New Year in prison. Dr Mak’s second. Two female doctors, both in their thirties. Dr Mak graduated from the Chinese University of Hong Kong (CUHK) and Dr Kwan, Vanessa, from Hong Kong University (HKU). Both are now incarcerated on the basis of myths. It is a disgrace.

Letter from Hong Kong (6 January 2022)

So now we are entering the third year of this global pandemic. It is changing, evolving and is bringing out the very best and the very worst in humanity. Science and scientists have had a real bashing, but then who by? Quacks, aardvarks and gobbeldygooks. Looking back is looking forward.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 10) – Informed consent (ii)

In the context of medicine, we typically speak of informed consent as having both an ethical and a legal basis. The ethics are related to patient autonomy and human rights. The legal perspective relates to the definition of what occurs if consent is not obtained, and a physical intervention occurs (assault or battery at a minimum and it would appear, gross negligence if things go wrong).

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 9) – Informed consent (i)

It is one year ago today that Justice Judianna Barnes sentenced Dr Mak Wan-ling to be incarcerated for three and half years for a crime she did not commit (see parts 1-4 of this blog).

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 8) – Propofol

Propofol played a significant role in the trial of Dr Vanessa Kwan. Vanessa went to South Korea to learn about cosmetic surgery. Cosmetic surgeons in South Korea use a lot of propofol in office-based practice. Ipso facto, Vanessa learned about propofol and its use in cosmetic surgery.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 7) – South Korea

South Korea is a truly amazing country and has, over the last thirty years, transformed into one of the most dynamic and innovative economies in the world.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 6) - Cosmetic surgery in Hong Kong

There is no formally recognised specialty of Cosmetic Surgery (and / or Medicine) in Hong Kong. Unsurprisingly, there are no formal training programs in cosmetic surgery or aesthetic medicine.