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English court decision: Court recognised duty owed by a hospital trust to the daughter of its patient in respect of genetic information - ABC v St George’s Healthcare NHS Trust and others [2020] EWHC 455 (QB)
ABC v St George's Healthcare NHS Trust and others [2020] EWHC 455 (QB) In this recent English case, the High Court recognised that the second defendant, a trust which ran a hospital, owed a duty of care to the daughter of its patient. The duty recognised was a duty to “balance her interest in being informed of her genetic risk against her father’s interest in preserving confidentiality in relation to his diagnosis and the public interest in maintaining medical confiden ...
Hong Kong court decision: Dr. Wong Cheuk Yi v The Medical Council of Hong Kong [2019] HKCA 1332 - Dismissal of appeal by Hong Kong doctor who did not notice from medical records nurses’ wrongful management
Dr. Wong Cheuk Yi v The Medical Council of Hong Kong [2019] HKCA 1332 Facts: Dr Wong Cheuk Yi was the case doctor of a cancer patient (“the Patient”) at Kowloon Hospital in Hong Kong. The nurses who took care of the Patient had wrongly managed his permanent tracheostoma by covering the tracheostoma with gauzes that were strapped on either two or four sides with medical adhesive tapes. The Patient died, and the cause of his death was upper airway obstruct ...
English court decision: ARB v IVF Hammersmith v R [2018] EWCA Civ 2803 - Father whose ex forged his signature to use frozen embryos lost claim
ARB v IVF Hammersmith v R  [2018] EWCA Civ 2803 In the recent English case of ARB v IVF Hammersmith v R, an ex-partner forged the appellant’s signature. Proceeding on the basis of that signature, the respondent clinic thawed and implanted into the ex-partner an embryo containing the appellant’s gametes. The respondent breached the contract with the appellant in that it failed to obtain the appellant’s written consent.  In the Court of Appeal, the appellant lost ...
Hong Kong court decision: FH and MH v WB and others [2019] HKCFI 1748 - Hong Kong court granted parental order concerning surrogate children after considering issues such as delay, expenses and possible breach of the surrogacy law
FH and MH v WB and others [2019] HKCFI 1748 Facts FH and MH (“the Applicants”) were a married couple. They were Hong Kong permanent residents. In 2015, they entered into a gestational carrier agreement (“the GC Agreement”) with WB and her husband HB. Pursuant to the GC Agreement, WB was to be the surrogate mother, and two embryos were placed inside WB’s uterus. The gametes of the Applicants were used to bring about the creation of the embryos. In 2016, WB ga ...
Causing or Allowing the Death or Serious Harm of a Child or Vulnerable Adult (Hong Kong Law Reform Commission Consultation Paper)
The Causing or Allowing the Death of a Child or Vulnerable Adult Sub-committee of the Hong Kong Law Reform Commission issued a consultation paper on 16 May 2019 making a preliminary proposal recommending that the Government introduce an offence of “failure to protect a child or vulnerable person where the child's or vulnerable person’s death or serious harm results from an unlawful act or neglect”. The Sub-committee recommends defining a “vulnerable person” as & ...
In light of recent events that have raised issues about doctor-patient confidentiality, CMEL HKU has put together a short series discussing some related questions.   

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