Today is the first day of the Chinese New Year. This is the year of the Tiger. I am fine, I am a Dragon. This is going to be an interesting year. After my blogs are posted on the PMFA website, I then link them via LinkedIn as posts. In the LinkedIn post I always share some words and in the introduction to Blog 12 I declared I would be referring the two prosecution medical experts to the Medical Council of Hong Kong (MCHK). That is taking this blog to a whole new level. I will not use the Law directly because of the expense. But I can use the Law indirectly. I shall craft the letters to the Medical Council very carefully. I shall avoid any ambiguity and provide unequivocable evidence of gross failures of ethical conduct. Failures, which in the context of a criminal trial, reach the level of becoming criminal.

What will be essential is to provide the evidence, openly, transparently, to confirm the criminality of the prosecution medical experts and then ask for sponsors for the complaint. The MCHK is a dysfunctional regulatory authority which does not control medical practice as it should. So, it will be a critical challenge to the authority and moral integrity of the MCHK.

In the meantime, I must continue with the blog series and speed up the output. In this blog I want to look at documentation.

Reasons for Sentencing Para 59.:The prosecution experts, Dr Mainland, the anaethesiologist, and Dr Chan Yu-wai, a specialist surgeon in plastic and reconstructive surgery expressed the view that the breach of duty in this case constituted a very serious departure from normal professional standards

(ii). Lack of documentation and/or lack of records of necessary information. There was no record of a peri-operative interview with Lee regarding the nature of the surgery, the potential risk associated with the procedure.”

I used one extract as the title of this blog: “Records of necessary information”?! What gobbledygook is this? The Judge has been led astray by a foolish and immature young specialist and a gun for hire. Please list the “records of necessary information” Read the consent form. What information does that contain? And make an inference. This is where we are moving into contentious territory but consider one of the most intimate of human interactions, sex. What is the consent process? Verbal and corroborated. But when a person dies? Does the Law actually believe that there are doctors out there who wake up in the morning and say, this is the day, this is the day when a patient is going to die. But then, lets face it, there are doctors out there who wake up in the morning and know they are going into a court and say that this is the day that they are going to lie.

The moral chasm between these two types of medical professionals is so vast, is so huge it can never be reconciled. And so, who is the MCHK going to censure? The MCHK will really be put on the spot in terms of its ethical standing. This is why I shall be contacting all stake holders. Unethical medical experts can never, should never, be tolerated. We have perjury and obstruction of justice and if the MCHK looks the other way we know it is irredeemable.

I shall look at items: Para 59 (iii) and (iv) in the next post.

Kung Hei Fat Choi.

Andrew Burd (Prof)

The Chinese University of Hong Kong.

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