Past Events and Resources

Continuing Medical Education (CME) series – Patient Consent & the Doctor’s Duty: Negotiating the Minefield of the Changing Law on Informed Consent and the Doctor’s Duty of Care
Category : Seminars
Date : 10 Apr, 2018 - 14 Apr, 2018
Time : 6:30pm - 9:30pm or
9:30am - 12:30pm
Venue : Academic Conference Room, 11/F, Faculty of Law, Cheng Yu Tung Tower, Centennial Campus, HKU

The inaugural workshop will be conducted by two distinguished experts in the field: the workshop will be led by Mr James Badenoch, Q.C., with Dr Colm McGrath of King’s College London (and formerly of Cambridge) assisting. Mr Badenoch is the Queen’s Counsel who led the successful appeal for the appellant before the UK Supreme Court in the 2015 landmark case of Montgomery v Lanarkshire Health Board [2015] UKSC 11 which fundamentally changed the approach to informed consent held for half a century since the decision in Bolam v Friern [1957] 1 WLR 582.

This inaugural workshop aims to help physicians and other healthcare professionals understand the rapidly evolving state of the law governing the duty of care of physicians to their patients – and to understand that the ultimate role of the law is to facilitate and foster trust and understanding in the physician–patient relationship in the joint objective of the betterment of the welfare of the patient. The workshop aims to dispel myths and misunderstandings about the negative impact of current developments in the law; to give physicians a better understanding of how to best utilize the framework of the existing law for the treatment of patients; and to act with confidence in making clinical judgments in the interests of their patients with the full backing of the law.

No prior knowledge of the law is required or assumed of participants – the workshop will provide an introduction to the basic elements of medical negligence, the current state of the law governing physicians’ duties to patients, the standards on which physicians’ duties are to be judged by the courts, and how the decision in Montgomery changes the equation. The implications of the current law (and the likely shape of future developments) for clinical practice will be discussed – as well as why the decision ought not to worry the prudent physician or healthcare professional.

The workshop should benefit practicing physicians, nurses allied healthcare workers and other professionals in the healthcare professions, healthcare and hospital administrators and public health care policymakers seeking an authoritative understanding of the current state of the law in the context of medical negligence and the duties owed by healthcare professionals to physicians in the context of clinical practice.


James Badenoch, Q.C., MA Oxford, Called to the English Bar (Lincoln’s Inn) 1968, Queen’s Counsel 1989

James Badenoch, Q.C. was pupil to John (later Mr Justice) Alliott, and Harry (Lord) Woolf at 1 Crown Office Row where he has practised ever since. He has specialised for over 35 years in clinical negligence, medical law, and medical discipline. He took silk in 1989. He has appeared in a succession of major cases in The House of Lords, The Supreme Court, The Privy Council, The Court of Appeal, The High Court, The GMC and The GDC, and also in the High Court and the Court of Final Appeal of Hong Kong.

Dr Colm McGrath, Lecturer in Tort Law, Dickson Poon School of Law, King’s College, London

Dr McGrath’s research focuses on comparative private law and professional liability, with a strong emphasis on the liability and regulation of the medical profession in the UK and beyond. His work often seeks to explain the relationship between private law and society both as a historical and a modern phenomenon.

He has provided Professional Education and Development modules for the medical professions in the UK and Hong Kong and is always happy to be approached for such events as it provides an invaluable opportunity to see law in action in the wider community.


Two identical sessions of this inaugural workshop will be conducted:

Session A : Tuesday, 10 April, 2018 and Wednesday, 11 April 2018 from 6:30pm-9:30pm on both days
Session B : Friday, 13 April 2018 (6:30-9:30pm) and Saturday, 14 April, 2018 (9:30am-12:30pm).

The course contact hours for each workshop will be 6 hours in total.

Click here

Powerpoint for Topic 1: An Overview of Tort and Medical Negligence (Dr Colm McGrath)
Click HERE to download the presentation file 

Powerpoint for Topic 3: The Liability of Hospitals, Vicarious Liability, Causation and Loss of Chance (Dr Colm McGrath)
Click HERE to download the presentation file

CME accreditation:
Click here

CPD Accreditation (By Hong Kong Law Society):
The allocated course numbers are as follows:
20181176 – the course to be held on 10 April 2018
20181177 – the course to be held on 11 April 2018
20181178 – the course to be held on 13 April 2018
20181179 – the course to be held on 14 April 2018.

Subscribe to our newsletters and updates