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Cyber risks in the healthcare sector: how to comply with the legal requirements and minimize vulnerabilities to a cyber-attack or data security breach

19 May 2017

Security experts suggest personal data contained within healthcare records is worth ten times more than credit card data on the black market. The security of healthcare records is an increasing concern in Hong Kong following the introduction of the Electronic Health Record Sharing System (eHRSS) last year, discussed in our previous edition of the Hong Kong Medical Law Brief. We discuss the relevant legal requirements in relation to data security in the healthcare setting and advise healthcare professionals as to how to comply with these laws and minimise the risks of falling victim to a cyber-attack.

Hong Kong Medical Law Brief: Focus on cyber risks in healthcare - May 2017

19 May 2017

Last Friday’s cyber-attack disrupted IT services across the globe and caused havoc across the NHS in the UK, with a number of Hospital Trusts affected and held to ransom. With that in mind we welcome you to this special edition of our Hong Kong Medical Law Brief, focusing on cyber-risks in the healthcare setting.

Expert Witnesses: Importance of Expert Independence

06 April 2017

TheUnited Kingdom’s Court of Appeal, upholding the High Court’s decision, rules that the Trial Judge had not erred in finding that a consultant neuroradiologist had been negligent. Further, the Judge had been entitled to find that the independence and objectivity of the Appellant’s expert witness had been undermined by a failure to disclose that they had previously worked together.

Hong Kong Medical Law Brief - April 2017 edition

06 April 2017

Welcome to the latest edition of our Hong Kong Medical Law Brief.

Informed consent: application of Montgomery and confirmation of the need for doctors to adopt a patient centred approach

06 April 2017

The United Kingdom’sCourt of Appeal overturns High Court’s decision where the judge had erred in his approach regarding the nature of a doctor’s duty to advise the patient. The application of the Bolam test when determining the level of information to give to a patient was no longer appropriate. Applying Montgomery v Lanarkshire Health Board [11.03.15] the treating obstetrician should have advised the patient of the option of early induction and the increased risks associated with prolonging the pregnancy.

Time to say I am sorry? The Apology Bill

06 April 2017

In our October 2014 publication, “Sorry seems to be the hardest word”, we outlined the proposed Apology legislation in Hong Kong. After two rounds of public consultations, ending in April 2016, the Department of Justice (DOJ) has indicated they hope that the draft Apology Bill will be passed by the Legislative Council this year.

April showers: NHS hopes for rainy days

03 March 2017

From April this year, NHS hospitals in England will be obliged to obtain payment from overseas patients in advance for non-urgent treatment, where the patient is not otherwise eligible for free treatment.

Departing from Cheshire West: Court of Appeal delivers landmark decision on “state detention” with practical ramifications

03 March 2017

The Court of Appeal upholds HM Senior Coroner’s decision not to proceed with a full jury inquest into the death of a patient in an intensive care unit (ICU).

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