Continuing Professional Development
(COURSE POSTPONED) Legal Implications of Advanced Medical Technologies & Consent for Clinical Research, Innovative Procedures and Treatment
Presenter(s) /
Workshop Leader(s) :
Mr. Terry Kaan, Associate Professor, Faculty of Law, The University of Hong Kong
Dr. James Chiu, Full-time General Mediator and Collaborative Practitioner
Date : 13 Nov 2019 (Wed)
Venue: Function Room, The Law Society of Hong Kong, 3/F Wing On House, 71 Des Voeux Road Central, Hong Kong

Remarks:
This sharing session is open to the Law Society Members only.

Time : 18:00-20:00
Level : Elementary
Points : 2.0 CPD Point(s)
Fee : HK$ 100
Language : English
Course Objective:

The pace of innovation in biomedical technology and advances in clinical practice has tended to outpace the development of the law. In particular, developments in genomic medicine, precision medicine and in the universal and ubiquitous application of artificial intelligence in the healthcare setting raise considerable challenges for the current framework of the common law.

Patient-centred informed consent has been a hot topic among lawyers and healthcare practitioners alike in recent years. Lack of informed consent can reinforce a claim of medical malpractice. On the other hand, a well-conducted process of obtaining informed consent not only protects the physician from exposure to liability, but increases the patient's autonomy in decisions concerning health and encourages compliance with treatment. This course will explain the complexity and difficulties in obtaining consent for clinical research, innovative procedures and treatment, and the way forward.

About the Course:

The first part of the course will deal with the impact of new and innovative technologies in the context of clinical healthcare and biomedical research from the perspective of the law. How should (or can) the common law respond, and to what extent is legislative intervention and regulation needed, or is desirable?

The second part of the course will first touch on ethics and the parameters of informed consent for clinical care, and focus on clinical research, innovative procedures and treatment. Problems with different settings and the issue of the vulnerable populations will be presented. What information should be given to patients undergoing innovative procedures and how informed consent should be obtained will be discussed. If disputes and claims arise, mediation is a choice but there are differences with the usual medical cases.

About the Presenters:

Mr. Terry Kaan ((LLB (Hons.) (NUS), LLM (Harvard)), is an Associate Professor of Law in the Department of Law of the Faculty of Law at the University of Hong Kong (“HKU”). He is also one of the two Co-Directors of the Centre for Medical Ethics & Law of HKU. Prior to joining the HKU in 2014, he was an Associate Professor of Law at the National University of Singapore which he joined in 1987 after a spell in private practice as an advocate and solicitor. His primary fields of teaching and research are in the fields of tort, and in biomedical law and ethics. He was a member of the Singapore National Medical Ethics Committee from its inception in 1994 until 2008. From 2001 to 2006, he was a member of Singapore’s national Bioethics Advisory Committee (BAC), and chaired the BAC's Human Genetics Subcommittee (HGS) which oversaw the drafting of national consultation papers and reports setting out guidelines on the conduct of human tissue research and research involving human subjects.

Dr. James Chiu, MBBS(HK), Specialist in General Surgery (non-practising), LLB (Hons) Lond., is a mediator for over 10 years and the founder of JC Professional Dispute Resolution Centre. James is also a Collaborative Practitioner. He was the first Adjunct Assistant Professor of the Chinese University of Hong Kong in mediation courses, and is an Hon. Clinical Assistant Professor at the HKU teaching clinical interpersonal skills. Dr. Chiu is a co-chairman of the Professionalism & Ethics Committee of the Hong Kong Academy of Medicine, and a member of the Ethics Committee of the Hong Kong Medical Association. James has co-authored a textbook on Mediation and another one on the Apology Ordinance. He has also published book chapters and articles on mediation, negotiation, apologies and medico-legal issues. James is a frequent speaker at the Hong Kong Academy of Law’s accredited CPD courses, and has chaired or spoken in nearly 100 local and international meetings on a variety of topics.

Enrolment Conditions
  1. This course is open to Members of the Law Society. Enrolments will be accepted on a first-come-first-served basis.
  2. Places cannot be reserved by facsimile. Registrations will only be accepted upon full payment of the course fee and receipt of the registration form.
  3. Course fees shall under no circumstances be refunded. If you cannot attend a booked course, you may transfer your booking to a replacement delegate provided that the Academy is notified in writing at least one clear day in advance of the scheduled course date.
  4. If the course becomes full and you wish to have your name entered onto the waiting list of this course, please complete the enrolment slip and return it to the Academy together with the payment of the appropriate course fee. You will be notified before the date of the course if we are able to offer you a place at the course. A registrant whose enrolment is unsuccessful will receive a refund of the appropriate course fee.
  5. Please click here for the Bad Weather Policy.
  6. Please click here for the CPD Attendance Policy which applies to those who wish to claim CPD points from the Law Society of Hong Kong.
  7. The Hong Kong Academy of Law reserves the right to alter the contents, speaker(s) or otherwise of this course, or cancel this course.


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