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Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 8) – Propofol

Propofol played a significant role in the trial of Dr Vanessa Kwan. Vanessa went to South Korea to learn about cosmetic surgery. Cosmetic surgeons in South Korea use a lot of propofol in office-based practice. Ipso facto, Vanessa learned about propofol and its use in cosmetic surgery.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 5) - Who is the Judge?

I wonder what Vanessa is thinking right now. If she can even think. A torrent of images, regrets, what ifs. The onslaught must be so great, no wonder the normal response is for the mind and the body to shut down? Depression.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 9) – Informed consent (i)

It is one year ago today that Justice Judianna Barnes sentenced Dr Mak Wan-ling to be incarcerated for three and half years for a crime she did not commit (see parts 1-4 of this blog).

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 15) – Duty of Care

Just to recap; I have been looking at the Reasons for Sentence in the case of HKSAR and Kwan Hau chi, Vanessa. The verdict had been declared: “guilty”. Now, on 4 October 2021, the Hon D’Almada Remedios J is going to present her review of the case and the factors she has taken into account when deciding the sentence. I am referring to an official document which is in the public domain. The case reference is HCCC 200/2018. It is a shameful document, but we must all share in that shame.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 11) – Misinformed assent

I wonder how fast time goes in prison? 2022.This was Vanessa’s first New Year in prison. Dr Mak’s second. Two female doctors, both in their thirties. Dr Mak graduated from the Chinese University of Hong Kong (CUHK) and Dr Kwan, Vanessa, from Hong Kong University (HKU). Both are now incarcerated on the basis of myths. It is a disgrace.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 21) - Clinical practice guidelines and indictments

Because of liability issues there is a reluctance to make clinical practice guidelines (CPG) statutory requirements; that is to say, guidelines are ‘suggestions’, not ‘instructions’. And why is this important to this case?

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 26) - Time To Sum Up

It is a little over six months ago that I began these blogs and now I am beginning the stage of summing up.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 10) – Informed consent (ii)

In the context of medicine, we typically speak of informed consent as having both an ethical and a legal basis. The ethics are related to patient autonomy and human rights. The legal perspective relates to the definition of what occurs if consent is not obtained, and a physical intervention occurs (assault or battery at a minimum and it would appear, gross negligence if things go wrong).

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 27) - Time To Sum Up (cont.)

I have made a breakthrough. I have now determined the voice of the book. The target audience will be students of The Law and of Medicine.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 24) - Prescribing Habits

How do doctors learn to prescribe/use drugs in a safe and effective manner? This is no simple question and when the issue of a prescribing habit being regarded as lethal it becomes highly relevant.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 6) - Cosmetic surgery in Hong Kong

There is no formally recognised specialty of Cosmetic Surgery (and / or Medicine) in Hong Kong. Unsurprisingly, there are no formal training programs in cosmetic surgery or aesthetic medicine.

Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 23a) – forensic snoring

If a person is snoring that means they are breathing. If they are breathing and their skin is of a normal colour does that not suggest that they are oxygenating the tissues?