Replies to LegCo questions

LCQ6: Claims on medical incidents

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     Following is a question by the Hon Kwok Ka-ki and a reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (November 3):

 

Question:

 

     I have learnt that the Hospital Authority (HA) has not only been plagued with very serious fiscal deficits in recent years, but has also to pay out huge costs each year for medical incidents and the consequent lawsuits, thereby aggravating its financial burden.  In this connection, will the Government inform this Council:

 

(a)  whether it knows the amount of compensation paid and litigation costs borne by HA each year as a result of medical incidents since its establishment; and

 

(b)  of the measures adopted by the Government and HA to lower such expenses, and whether they include enhancing the communication and mutual support between medical staff, HA and patients; if so, of the details?

 

Reply:

 

Madam President,

 

(a)  The amount of compensation paid and litigation costs borne by the Hospital Authority (HA) each year since its establishment in respect of medical malpractice claims are given in the Annex.

 

(b)  Medical malpractice allegations are very often a result of a lack of mutual confidence between the patient and the attending doctor, with the former feeling dissatisfied with the treatment process or outcome.  An attending doctor has the responsibility to exercise sound professional judgement in arriving at the prognosis, to obtain the patient and his family's agreement and endorsement of the medical procedures to be undertaken, and to give them a clear explanation so that they would have realistic expectation of the treatment outcome.  In HA's setting where there is strong professional leadership and emphasis on team work, senior doctors have the responsibility to help and provide guidance to inexperienced doctors to interact with patients so as to build up mutual understanding and trust. 

 

     To help enhance communication between its frontline healthcare staff and patients in the clinical setting, the HA organizes training courses, seminars and workshops on a regular basis.  The training aims at enabling frontline staff to explain to patients in a clear and easily understood manner the medical procedures involved, the expected clinical result, possible complications and the inherent risks. 

 

     The HA also continues to promote health education through various channels and in collaboration with patient groups.  The aim is to enhance the public's knowledge of common diseases, including their prevention, treatment methods, relevant risks and possible complications.  This would reduce the likelihood of patients mistaking unfavourable treatment outcomes or incidences of complications as the result of medical malpractice.

 

Ends/Wednesday, November 3, 2004

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Legislative Council Q6

 

Annex

 

Compensation for Medical Malpractice Claims

and Litigation Costs

 

Calendar years in which cases

reported 1

Amount of compensation paid 2

(approx figures)

Litigation costs for dealing with medical malpractice claims

(approx figures)

1992

$2.5M

$0.85M

1993

$20.5M

$7.42M

1994

$9.7M

$2.62M

1995

$9.8M

$3.89M

1996

$41.0M

$14.52M

1997

$16.7M

$8.45M

1998

$32.3M

$11.30M

1999

$38.7M

$16.89M

2000

$30.0M

$11.12M

2001

$12.0M

$3.28M

2002

$5.0M

$1.30M

2003

$4.6M

$0.80M

2004

$1.8M

$0.21M

Note 1: ��Cases reported�� means those medical incidents that have been reported under HA��s medical malpractice insurance policies.

Note 2: The figures given cover both out-of-court settlements and court awards.  They include the amount borne by HA as the retention stipulated in the relevant medical malpractice insurance policies and the amount borne by HA��s insurers under those policies.

12 Apr 2019