We have advised a wide range of individuals and institutions on the following topics: Our medical law team advises physicians, dentists, nurses, midwives, physiotherapists, pharmacists, chiropractors, osteopaths and their compensation providers as well as other health professionals. In addition, we advise private clinics, medical practices, corporate healthcare providers and pharmaceutical companies on matters relating to the importation and distribution of pharmaceutical and pharmaceutical products, drug liability claims and other regulatory matters. Our team has unparalleled expertise and is widely regarded as a leader in Hong Kong`s forensic and pharmaceutical markets. Two of our partners are doubly qualified as lawyers and alternative practitioners. Key areas of activity include: Healthcare: Claims for clinical negligence against physicians, dentists and private hospitals, including high-quality obstetric cases, brain injuries and deaths. We ensure the premature closure of questionable claims. We represent clients before the District Court, the High Court, the Court of Appeal and the Court of Final Appeal. Investigations conducted by the Ministry of Health, in particular investigations of sentinel events resulting from adverse events. We support the doctor and sometimes the hospital before each interview. This includes preparing letters from the physician and meetings with various employees.
Matters relating to the Medical Association and the Dental Council. We have an impressive track record of handling cases on the Board of Investigation. When a case is referred to the investigation phase, we represent the physician himself in the review (as opposed to the systematic hiring of lawyers). Education and Accreditation Committee issues such as restricting or withdrawing the registration of physicians to specialists. Coroner`s examinations following the death of patients. We usually advocate inquests and we are well known to coroners. Criminal investigations and proceedings such as manslaughter, indecent assault and fraud – we participate in police and ICAC interviews and assist with cautions. Dangerous Drug Prosecutions and District Court Hearings. Mental Health Court.
Dr. David Kan has been a member of the Guardianship Council and has experience in handling cases and applications of the Guardianship Council under the Mental Health Ordinance. Judicial review. Mediation – Two lawyers on our team are accredited mediators and are used to arbitrate clinical disputes. If necessary, our team uses mediation to resolve negligence claims. General legal and ethical advice on a variety of topics such as privacy, informed consent, data protection law, practice promotion and advertising. Legal implications of the treatment of reproductive technologies, in particular sex selection and surrogacy. Development of guidelines for risk assessment in clinics and hospitals on high-risk areas of clinical management. Defamation and defamation proceedings in the medical field.
Pharmaceutical expertise We advise biotechnology and pharmaceutical companies and other organizations on a wide range of issues, including: Liability claims for defective medical and pharmaceutical products, including consequential economic damage. Advising pharmaceutical companies on clinical trials (especially adverse events/patient harm) Support in the complex regulatory framework for the registration, import and sale of medicines Drafting of distribution agreements with various parties such as importers and distributors. Contractual claims for breach of warranty and civil actions for damages Representation of pharmaceutical companies in court for violation of strict liability offences related to the supply of medicines. Intellectual property matters are advised by our specialized IP team. Medico-Legal Employment Our health care team works closely with Howse Williams` specialized employment team to advise you in sensitive areas such as complaint investigations and clinical staff hearings. Appeals by health care workers facing disciplinary action such as warnings, suspensions, termination of surcharges and dismissals. Other employment-related matters such as adverse and unfavourable dismissals and revocation of admission privileges. Media guides, including news releases following conflicts or high-profile incidents where patients have been injured. Advice on recruitment, contractual terms, transfers, compensation, terminations, layoffs, minimum wage, discrimination and other general employment issues that apply to the health care sector. Regulatory advice We have advised a large number of individuals and companies in medical law on the following topics: The categorization of medical devices and the preparation of distribution agreements for medical device manufacturers. Advice on how the legal pharmaceutical regime in Hong Kong affects veterinarians and importers/distributors of veterinary drugs.
Creation of agreements between the end user and the physician-user for health applications. Advising medical start-ups on regulatory, employment, real estate and business structuring issues. Packaging requirements for pharmaceuticals/cosmetics. Advising healthcare companies on relations with medical and dental professionals. Advising medical device companies and healthcare companies on legal issues affecting proposed marketing initiatives. Our forensic team advises physicians, dentists, nurses, midwives, physiotherapists, pharmacists, chiropractors, osteopaths and their compensation providers and other health professionals. In addition, we advise private clinics, medical practices, corporate healthcare providers and pharmaceutical companies on matters relating to the importation and distribution of pharmaceutical and pharmaceutical products, drug liability claims and other regulatory matters.