Video recording (Click here to watch it on YouTube):
Objective, Coverage and Learning Outcomes:
Gross negligence manslaughter (GNM) is a common law offence, and may be committed by a healthcare professional if death occurs as a result of grossly negligent medical treatment or care. On 1st December 2020, a medical practitioner in Hong Kong was found guilty of causing the death of a patient through the administration of an experimental and contaminated immunity boosting therapy, as well as having failed to obtain proper consent from the patient. In this seminar, our panel of experts will discuss the ethical and legal implications of this conviction, as well as the following issues: (1) Merits of the argument raised by the defence for a subjective test of grossness to be included; (2) Application of the ‘de minimis’ rule in establishing causation; (3) Social value of the offence, particularly in maintaining professional standards; and (4) Challenges in the determination of “grossness”.
This webinar is intended to enhance participants’ understanding of the law of GNM.
Programme, Abstracts & Biographies: click here
Chairs
Dr Calvin Ho
Associate Professor of Law & Co-Director, Centre for Medical Ethics and Law, The University of Hong Kong
Dr Philip Beh
Principal Clinical Practitioner, Department of Pathology & Co-Director, Centre for Medical Ethics and Law, The University of Hong Kong
Presentations & Speakers
Presentation 1:
Ms Tracy Cheung
Healthcare & Medico-legal Advisor, Accredited Mediator & ODR Consultant
Title: Gross Negligence Manslaughter (GNM): Practical Considerations from a Healthcare Defence Lawyer
Presentation 2:
Professor Gilberto KK Leung
Tsang Wing-Hing Professor in Clinical Neuroscience, and Associate Dean (Teaching & Learning), Li Ka Shing Faculty of Medicine, The University of Hong Kong
Title: Medical manslaughter in Hong Kong – how, why and why not?
Presentation 3:
Professor Michael Hor
Professor, Faculty of Law, The University of Hong Kong
Title: Gross Negligence Manslaughter and the Medical Professions – Exception or Exceptionalism?
Presentation 4:
Professor James Badenoch QC
Adjunct Professor, Faculty of Law, The University of Hong Kong
Title: Gross Negligence Manslaughter: the UK experience
Organiser:
Centre for Medical Ethics and Law, The University of Hong Kong
Continuing Medical Education (CME) Accreditation:
Click here
Continuing Professional Development (CPD) Accreditation (by the Law Society of Hong Kong):
2 CPD points
Fees: free of charge
Target Audience: Legal professionals, healthcare professionals and anyone who is interested
Level: Elementary (no prior knowledge required)
Index Cases:
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CMEL’s Editorial:
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