| Course Details |
 Course List |  Course Calendar
|
| (Webinar via Zoom) Essential Issues in Medical Negligence |
| Date: |
21 April 2026 (Tuesday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
(3 CPD Points being applied for - The Law Society of HK) |
| Ref: |
L26OT07 |
| Venue: |
Webinar Course
|
Presenter's Biography:
Nicholas Pirie has been practising at the Bar for more than 40 years in Hong Kong. He maintains a civil practice with a focus on personal injuries, particularly medical negligence. He has also acted in a wide range of other common law and commercial matters at all court levels, including the Hong Kong Court of Final Appeal and the Privy Council. This has included claims against solicitors and other professionals for negligence. In the last year, he has dealt with international sales of goods and other commercial cases in the Hong Kong International Arbitration Centre. He was former chairman of the Hong Kong Bar Association Committee for Personal Injuries and Insurance.
|
Outline:
Important changes in the law brought about Montgomery v. Lanarkshire Health and Khan v .Meadows Board
- Understanding the duty of care
The duty to record: Bolitho v Hackney HA discussed; Montgomery v. Lanarkshire Health Board; reasonable response ; duty to record and discuss risks.
- What kind of case is it?
Misdiagnosis or mistreatment or both? Break in system; amah in the operating theatre; psychiatrist doing the X Rays;
- Duties of care owed to other parties; parents, partners; HIV Infections
- A doctor must now discuss + obtain a patient's consent + discuss the material risks before the operation -
- Consent cannot be left to the clinical judgment of doctors - Bolam principle gone
- Discussion of the new case - Montgomery v. Lanarkshire Health Board
- How to instruct a medical expert: whether you should retain a second expert or not? How to deal with original operation and then rectification operations; Do you need a case managerin a complex casein Hk ; do instruct a foreign expert ?
- Causation - explained
Multiple causation cases; material contribution - but for test relevant in allocation of risks cases, Fairhaven Heneghan 2016 EWCA Dyson
- Missed cancer cases: evidence on progress of the disease, how many tests are enough?
- Moments of carelessness in surgery: negligence or acceptable practice?
- Modern diagnostic techniques: more certainty or more scope for interpretation errors? Charts and protocols in hospitals;
- Hospital codes of practice creating liability.
- Obtaining and looking at the medical records; Section 41 & 42 of the High Court Ordinance; Pre Action Discovery
- The revised personal injury practice directions 2009 edition
- Drafting a Statement of Claim; Interim Payments
- New provisions for discovery: section 41 of the High Court Ordinance Cap. 4
- Preparing a case for mediation
- Assessment of Evidence ; doctors notes and records; patients' recollections retention better than in commercial cases.
- Analysis of Experts' reports factual evidence as opposed to opinion evidence - how should you call them
|
| Category: |
Others |
|
Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2026; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2026.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in Central. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
|
|
 Download Registration Form
|
|
|
