Tort Law In common law jurisdiction, a civil wrong that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act. The person who commits the act is called a tortfeasor. Pros and Cons of the current system of Tortious Liability Pros: - It safeguards the patient's rights and access to compensation when the authority is liable. - Justice to be served. - It gives the doctors a kind of reminder of responsible practice. Con

Public Interest A common concern among citizens in the management and affairs of local, state, and national government. It does not mean mere curiosity but is a broad term that refers to the body politic and the public weal. Proof of Intent It refers to a person's state of mind and it is very complicated. Criminal intent can be either general intent or specific intent. General intent is presumed from the act of commission. Specific intent which requires planning and predispos

Definition:- Human rights to health means that everyone has the rights to the highest attainable standard of physical and mental health, which include access to all medical services, sanitation, adequate food, descent housing, healthy working conditions, and a clean environment. It guarantees a system of health protection for all. Everyone has the rights to the health care they need, and rights to living conditions that enable us to be healthy. It must be provided as a public

World Health Organization (WHO) 1948 Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Advantages: aim is high, ideal and innovative Limitations: vague, excessively broad, not measurable and impractical World Health Organization (WHO) Revised 1984 The extent to which an individual or group is able to realize aspirations and satisfy needs, and to change or cope with the environment. Advantages: emphasized i

Two important codifications after 1947: Nuremberg Code and Helsinki Declaration. Nuremberg Code 1947 (World War II) After the Nuremberg trials, Nazi doctors were convicted of the crimes committed during human experiments on concentration camp prisoners. It attempted to give clear rules about what was legal and what was not when conducting human experiments. It has no legal force and focuses on human rights of subjects. It is about voluntariness and consent. - informed consent

Risk A probability or threat of damage, injury liability, loss, or any other negative occurrence that is caused by external or internal vulnerabilities, and that may be avoided through pre-emptive action. A risk is not an uncertainty. Uncertainty It is where neither the probability nor the mode of occurrence is known. It is unknown unknowns according to Donald Rumsfed. Informedness It is defined as unknown knowns according to Donald Rumsfed. We know but we choose to unknow th

Legal independence is the core value of the Hong Kong Special Administrative Region (HKSAR). Laws and Regulations are indispensable parts of this core value. So, what is the difference between 'Law' and 'Regulation'? Laws: The products of written statutes, passed by the legislatures. The legislatures create bills that, when passed by a vote, become statutory laws. Regulations: The standards and rules adopted by administrative agencies that govern how laws will be enforced. Bo