Before:\u00a0 Hon D\u2019Almada Remedios J in Court
\nDate of Reasons for Sentence: 4 October 2021<\/p>\n
In 2014, Ms Lee Kar-ying Josephine (\u201cP\u201d) died following a liposuction procedure performed by a registered medical practitioner, the defendant (\u201cD\u201d), at the \u201cRegrowth Hair Transplant Centre Ltd\u201d\u00a0on the 7th floor of No. 2 Carnarvon Road.<\/span><\/p>\n During the procedure, P was administered sedative drugs by D, who was only assisted by 2 receptionists and 2 beauticians. These 4 assistants were not qualified in sedation and did not know how to resuscitate.\u00a0P was not supplied with oxygen. While\u00a0P was attached to an equipment\u00a0<\/span>called \u201cPassport (Mindray)\u201d\u00a0to monitor physiological variables\u00a0<\/span>during the procedure, the device alarmed throughout the procedure. The alarm showed that there was a problem with the vital signs of P but the alarm was ignored and silenced by one or other of the assistants.\u00a0<\/span>(\u00a711-23)<\/p>\n After completing the liposuction procedure, D left the operation room leaving P, who was still sedated and unconscious, in the care of the 4 medically untrained assistants. (\u00a724-28)<\/p>\n D was charged with and\u00a0found guilty of\u00a0manslaughter by way of gross negligence, contrary to Common Law and punishable under section 7 of the Offences against the Person Ordinance (Cap. 212).<\/p>\n The judge sentenced D on the bases (\u00a77):<\/p>\n The judge held that (\u00a78):<\/p>\n In sentencing D, the judge considered, among other things:<\/p>\n\n
\n1. ensure the presence of a properly qualified person to administer and monitor sedation;
\n2. ensure sufficient oxygen supply;
\n3. follow the \u201cGuidelines on Procedural Sedation\u201d of the Hong Kong Academy of Medicine;
\n4. provide proper and sufficient monitoring after the liposuction procedure; and
\n5. provide adequate timely resuscitation.<\/li>\n<\/ul>\n\n
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