Tort law is a wide field of law that becomes relevant when a person suffers loss or harm due to another person’s actions or failure to act. Unlike contract law, tort law is not based on the terms of a written contract, but on duties outlined in common law and ordinances. Unlike criminal law, tort lawsuits take place between two ordinary people and not between a prosecutor (on behalf of the HKSAR government) and a defendant. Common tort actions involve negligence, personal injury (such as slip and fall injury and employment injury), medical negligence, trespass to person/land, or defamation.
Duncan undertook a cosmetic surgery ahead of an audition as an actor in an upcoming film. Unfortunately, the surgeon was hung over from a wild party the night before and injected the wrong fluid, which made Duncan’s face bloat up permanently. Shocked at the results, Duncan demanded compensation from the hospital, but the hospital simply told him that this was the risk he took when he decided to undergo surgery.
Doctors have a duty towards patients to administer a level of care that a reasonably competent professional would have provided under the circumstances. The damage suffered by the patient should be a result that would have not occurred if not for the doctor’s negligent act or failure to act. In this case, administering a surgery in an intoxicated state and thereby committing a medical error is unlikely to meet the reasonable standard of care for a cosmetic surgeon. Duncan is likely to win a claim for compensation for medical negligence from the surgeon and the hospital.
Disclaimer: The article is for reference only and should not be construed or relied on as legal advice in whatsoever manner. Please engage a solicitor to seek formal legal advice. LegalClarus does not provide legal advice.