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Graphic of Medico-legal
 
Medico-legal
  Medico-legal issues range from the sophisticated medico-ethical issues, clinical negligence, to relatively simple registration / licensing of intellectual property rights. As a result of innovative biotech techniques & product advances, the public general is more health conscious and prepared to try new medical / health care products and services. The resultant booming market has triggered many new legal issues. For instances :-
 
  • a medical practitioner recommends a particular treatment / drug knowing that the recommendation will form part of a related advertisements
  • a medial practitioner in his capacity as employee performs medical treatment in a beauty salon which is operated without registration as a clinic
  • personal web-site of medical practitioner which hyperlinks to other commercial sites
  Due observations are thus necessarily with regard to the Hong Kong regulatory environment such as :-
 
  • Chinese Medicine Ordinance
  • Pharmacy and Poisons Ordinance
  • Antibiotics Ordinance
  • Dangerous Drugs Ordinance
  • Import & Export Ordinance (re pharmaceutical products)
  • Public Health and Municipal Services Ordinance
  • Trade Description Ordinance
  • The Medical Council of Hong Kong Professional Code and Conduct
  • The Chinese Medicine Council of Hong Kong, Code of Practice for Registered / Listed
  • Chinese Medicine Practitioners, Good Manufacturing Practice
  • General Dental Council, Code of Professional Discipline for the Guidance of Dental Practitioners
  • Health Department, HKSAR government, Regulation of Medical Devices
 

The complexity of the above problems lies in its multi-disciplinary nature. The problem may involve issues from pharmacy, bio-science, professional code of conduct, regulatory guidelines and other highly specific knowledge domains. Together with our associates, we are proficient in providing services to individual medical practitioners, dentists, health care / medical products /services providers as well as the related professional bodies.

  Some of our recent works in this area include :
 
  • assisting a defendant medical doctor in a disciplinary inquiry hearing of the Medical Council of Hong Kong
  • advising a health care manufacturer / importer in its product compliance registration
  • advising a medical practitioner in his provision of services to commercial beauty salon
  • advising a group of medical practitioners in their promotion of services to the public
  • acting for a medical appliance supplier on passing off and trademark infringement actions both in Hong Kong and China
 
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