Insurance

How to Claim Insurance for a Medical Malpractice?

Author Bowtie Team

Updated on 2025-07-10

Disclaimer: This article is translated with the assistance of AI.

Healthcare professionals, including doctors, nurses, and dentists, are bound by strict codes of conduct. When they fail to adhere to these standards, resulting in patient injury or death, it may constitute a medical malpractice. But what exactly qualifies as a medical incident? What are some recent cases of medical malpractice in Hong Kong? And if you unfortunately face such an event, how can you file a claim? The Bowtie team breaks down everything you need to know about medical mishaps in this comprehensive guide!

Queen Elizabeth Hospital Medical Incident

The Hospital Authority announced on September 12 that a 66-year-old male patient at Queen Elizabeth Hospital underwent an embolization procedure for a cerebellar arteriovenous malformation on September 9. During the surgery, an abnormality in the angiography machine forced the procedure to be halted. Subsequent scans revealed that bio-glue had inadvertently entered other blood vessels in the patient’s brain, and bleeding was detected in the cerebellar vessels. The patient is currently in critical condition and receiving treatment in the intensive care unit.

The Hospital Authority stated that they will review the incident from various angles, including procedures and operations, and the cause of the incident is still under investigation.

What Defines a Medical Incident?

A medical incident (also known as medical negligence or malpractice) occurs when healthcare professionals fail to do what they should or do something they shouldn’t, resulting in care that falls below accepted professional standards. This can lead to injury or death of a patient and is often considered professional negligence.

When a medical incident occurs, the actions of the involved healthcare personnel are compared to the skills and professional standards of peers in similar situations. If the procedures taken by the personnel align with those of specialists in the field, the court will judge the case based on the standards of specialist healthcare professionals.

Examples of Medical Negligence in Hong Kong

In recent years, Hong Kong has seen several serious medical negligence cases that sparked public discussion. Below are some notable cases ruled in recent years :

Recent Medical Negligence Case Rulings

Date of Incident	Details
April 2010	A woman in her 20s, Leung Kwan, underwent breast augmentation surgery performed by Dr. Wong Ka-mau. During the procedure, Leung fainted and passed away approximately one month after being hospitalized. Dr. Wong was accused of administering an overdose of medication too quickly and at short intervals. Additionally, the three nurses assisting in the surgery lacked professional qualifications and proper training. In 2022, the Medical Council found Dr. Wong guilty of six counts of professional misconduct, resulting in a five-month suspension of his license.
November 2011	A 73-year-old male patient, Wong Hon-kau, passed away at Kowloon Hospital due to suffocation after a gauze sealed his tracheostomy tube, which was aiding his breathing. Wong Hon-kau’s son spent seven years pursuing justice. In 2019, a ruling found the involved doctor and nurses guilty of three counts of professional misconduct, with the doctor receiving a six-month suspension.
October 2012	A female client, Chan Yuen-lam, developed a bacterial infection after undergoing a CIK treatment and ultimately died of organ failure. Two other women who received the same treatment became disabled, with one requiring amputation. In this case, DR Group owner Stephen Chow Heung-Wing and technician Chan Koon-chung were convicted of manslaughter, initially sentenced to 12 and 10 years, respectively. After an appeal, their sentences were reduced to 10 and 8 years. Female doctor Mak Wan-ling was convicted of manslaughter in 2020, sentenced to three and a half years, and had her license revoked for five years by the Medical Council in 2022. Chan Yuen-lam’s husband and the two injured women filed claims for compensation in court in 2021.
June 2014	A woman, Lee Ka-ying, underwent liposuction performed by Dr. Kwan Hau-chi. She fell into a coma after the surgery and later passed away in the hospital. Dr. Kwan was accused of failing to properly assess the patient’s condition, ignoring vital sign alarms multiple times during the procedure, and not providing oxygen to the patient. Dr. Kwan was convicted of manslaughter in 2021 and permanently struck off by the Medical Council in 2022.
May 2016	An 83-year-old male patient, Kei Chi, passed away at Queen Mary Hospital three days after a male nurse incorrectly removed a dialysis catheter without following guidelines, causing an air embolism in his blood vessels. The involved male nurse was found guilty of two counts of unprofessional conduct and received a five-month suspension.
October 2016	A patient with end-stage renal failure sought treatment from general practitioner Dr. Mo Ho-yuen for gout. Dr. Mo diagnosed psoriatic arthritis and prescribed two drugs, colchicine and methotrexate. The patient returned for follow-up five times due to diarrhea and low blood pressure before being referred to the emergency room at Eastern Hospital. The hospital discovered colchicine and methotrexate poisoning, and the patient passed away approximately one month later. The patient’s family lodged a complaint with the Medical Council in March 2017. A hearing was held in April 2021, where Dr. Mo admitted to the charges and was suspended for three months with an 18-month probation period.
November 2016	A 33-year-old woman, Leung Kam-siu, who was 38 weeks pregnant, passed away at Queen Elizabeth Hospital due to amniotic fluid embolism during delivery induced by oxytocin and vacuum extraction. In 2021, the Coroner’s Court ruled the death as misadventure (a lawful act resulting in an unintended death). Leung Kam-siu’s husband, Chung Tak-ning, filed a personal injury claim in the High Court in 2022, alleging medical negligence.
August 2018	A 61-year-old male patient, Tong Kuen, suddenly vomited blood during sputum suction and passed away three weeks later. The Coroner’s Court found that healthcare staff failed to adequately inspect the tracheostomy tube, were unaware of its loosening, and certain actions by student nurse Yip Mei-lam and nurse Cheung Kong-yiu contributed to the incident. The case was ruled as death by misadventure (a lawful act resulting in an unintended death) in February 2022, and the deceased’s family indicated they would consider filing for compensation.

Investigating medical negligence takes time, often spanning years. Below are some high-profile cases from recent years that remain unresolved :

Recent Unresolved Medical Negligence Cases

Date of Incident	Details
May 2020	A 7-year-old girl, Chow Tin-yu, diagnosed with rhabdomyosarcoma, suffered a medical mishap during surgery in May 2020, leaving her in a vegetative state. Her father is still negotiating compensation with the Hospital Authority.
August 2021	A 47-year-old man suffered sudden cardiac arrest during a gastroscopy and was rushed to the hospital for emergency treatment. He remains in a coma. His sister believes the anesthesiologist acted improperly by not being present throughout the procedure and has filed a complaint with the Medical Council.

The Hospital Authority currently publishes the Hospital Authority Risk Alert on a quarterly basis. This report mainly discloses medical incidents in public hospitals during that quarter, aiming to enhance reporting and monitoring of significant medical risk events. Healthcare professionals share case details and offer improvement suggestions to prevent similar incidents. If you’re curious about the current state of medical negligence in Hong Kong, this report is a great resource for more information.

Where to File a Medical Negligence Complaint in HK?

Hospital Authority

The Hospital Authority (HA) is a statutory body in Hong Kong responsible for managing all public hospitals and clinics. It has a complaint handling mechanism to address issues related to HA services. This mechanism is divided into initial complaints and appeals. Initial complaints are handled by the Patient Relations Office, and the HA head office forwards these to the relevant hospital or clinic for follow-up. If the complainant is dissatisfied with the initial response, they can appeal to the HA Public Complaints Committee, composed of community representatives. This committee’s decision is final on behalf of HA, though complainants can still seek recourse through other channels.

You can file a complaint with the HA using their online feedback form .

Department of Health

If needed, you can lodge a complaint with 1) the Client Relations Officer of a Department of Health (DH) clinic/unit, 2) the DH Customer Relations Unit (email: enquiries@dh.gov.hk ), 3) the Assistant Director (Family and Elderly Health Services), or 4) the Director. Complaints can be made in writing or verbally.

The DH will provide an initial response within 10 days of receiving a complaint and a detailed reply within 4 weeks. For more complex cases that require additional time, an update on the progress will still be provided within 4 weeks.

Medical Council of Hong Kong

You can file a complaint with the Medical Council of Hong Kong regarding a doctor’s professional conduct, requesting an investigation. If the complaint is substantiated, the doctor may face a public warning, reprimand, suspension, or permanent deregistration. Even if you’ve already complained to other bodies or initiated civil litigation, you can still approach the Medical Council.

You can use the complaint form provided by the Medical Council to expedite the process. Alternatively, complaints can be made via phone (22433374) or email (mc-complaint@dh.gov.hk).

Nursing Council of Hong Kong

You can lodge a complaint with the Nursing Council of Hong Kong regarding unprofessional conduct by registered or enrolled nurses in Hong Kong. The Secretary will refer the case to the Chairperson of the Preliminary Investigation Committee, who may escalate it to the committee for further consideration or a formal inquiry to determine if the complaint is valid. After an appropriate inquiry, the Nursing Council may reprimand the nurse, suspend their license for a specified period, or permanently revoke it.

If you need to file a complaint with the Nursing Council Secretary, contact details are available here .

Dental Council of Hong Kong

If you believe a registered dentist has engaged in unprofessional conduct, you can file a complaint with the Dental Council of Hong Kong. The Chairperson of the Preliminary Investigation Committee will first assess whether the case should be referred to the committee for further review or a formal inquiry. If unprofessional conduct is confirmed, the Council may issue a warning, reprimand, or suspend the dentist’s license for a specified period or permanently.

You can use the form provided by the Council to expedite the complaint process. Once completed, submit the form to the Dental Council Secretariat (4/F, Hong Kong Academy of Medicine Jockey Club Building, 99 Wong Chuk Hang Road, Hong Kong). You can also contact the Council via phone or email for more information.

When Can You Claim for Medical Negligence in Hong Kong?

To successfully file a claim for medical negligence, the claimant must prove the following 3 conditions:

The claimant must demonstrate a serious error occurred during treatment, one that other competent doctors would not have made. Additionally, the allegations, including injuries and resulting losses, must be factual.
The doctor or healthcare professional responsible for the claimant’s treatment failed to exercise due care and caution ^* .
The doctor’s negligence, i.e., failure to exercise due care, directly caused or was the primary reason for the claimant’s injury and loss.

Generally speaking, unsatisfactory medical outcomes alone aren’t grounds for a negligence claim. You can’t accuse a doctor or seek compensation just because treatment didn’t lead to recovery or full healing.

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* If a doctor, without valid reason, fails to follow standard medical practices and causes injury to a patient, they likely failed to exercise due care.

Medical Negligence Claims: Time Limits in Hong Kong

Medical negligence claims fall under personal injury lawsuits, and the time limit for filing is governed by the relevant Limitation Ordinance. Claims must be initiated within 3 years from the date of the incident (i.e., when the negligence occurred) or 3 years from the date the patient became aware of the negligence, whichever is later.

If the patient involved in the negligence case is under 18, the time limit starts from the date they turn 18. If the patient is mentally incapacitated, the limit begins when they regain mental clarity. Additionally, courts may exercise discretion to waive the 3-year limit in certain medical negligence cases.

Medical Negligence Claims: Step-by-Step Guide

Claimants can follow these steps to file a medical negligence claim:

Obtain Medical Records and Reports

After a suspected medical negligence incident, the claimant should promptly request all relevant medical records from the involved healthcare provider, clinic, or hospital. For public hospitals, each has a “Medical Records Office” where claimants can access their records and reports to understand the incident’s details.

Submit Records to an Independent Medical Expert

Once all relevant records are obtained, the claimant can submit them to an independent medical expert for professional advice. The expert can confirm whether medical negligence occurred during the treatment process.

File a Claim

If medical negligence is established, the claimant can proceed to file a claim against the responsible healthcare professional. If needed, a lawyer can be hired to handle the case on their behalf.

Medical Negligence Claims: Court Application Process

Depending on the claim amount for medical negligence, claimants must apply to different courts:

Claim Amount	Court for Filing
More than HK$3,000,000	High Court
HK$75,000 to HK$3,000,000	District Court
Less than HK$75,000	Small Claims Tribunal

Medical Negligence Claims: How Compensation is Calculated

Since no two medical negligence cases are exactly alike, it’s tough to predict the exact compensation amount for a claim. However, when courts handle such cases, they generally take the following factors into account:

Financial expenses caused by medical negligence
Future financial expenses and the pain and suffering endured
Interest on income from the start of the lawsuit
Financial losses due to medical negligence and legal costs

For non-fatal medical negligence claims, courts typically consider the following factors when assessing compensation:

Compensation for pain, suffering, and loss of enjoyment of life: This takes into account various factors, such as the claimant’s age, health condition, length of hospitalization, frequency and type of treatments, physical or cosmetic trauma, and psychological impact. Courts often refer to similar cases as a benchmark for compensation.
Loss of income: This covers income lost due to injury or recovery periods. The claimant’s earnings after the incident are also considered to estimate potential compensation for income loss.
Other specific damages: This includes reasonable expenses caused by medical negligence, such as hospitalization, medical costs, rehabilitation equipment, supplements, and transportation fees. Claimants may need to justify the reasonableness of these expenses.
Interest on the above compensation
Claimant’s legal costs

For fatal medical negligence claims, courts evaluate compensation based on the following factors:

Funeral expenses
Compensation for bereavement: The current compensation amount is HK$231,000.
Loss of dependency: If dependents of the deceased (such as children, spouse, or parents) suffer a loss due to the death, they can claim compensation. The amount is assessed based on the deceased’s family income and expenses, as well as the age of the dependents.
Loss of wealth accumulation: This considers the net asset value of the deceased at the time of death and estimates the potential asset value they might have accumulated if they had lived a natural lifespan. The assessment also factors in any savings plans the deceased had or the likelihood of continuing such plans if they had passed naturally.
Loss of services: Typically claimed by the surviving spouse, who must prove that the deceased contributed to household duties. Compensation can be awarded for the economic loss suffered by the surviving spouse or dependents due to the deceased’s inability to fulfill their responsibilities, such as the cost of hiring domestic help to perform tasks the deceased would have handled.
Interest on the above compensation
Claimant’s legal costs

Can You Claim Insurance for Medical Incidents in HK?

Bowtie VHIS Flexi Regular/Plus and Bowtie Pink (Ward/Semi-Private/Private) both offer coverage for medical negligence under their additional benefits. In the unfortunate event of the insured’s death, a compensation of HK$1,000,000 is provided.

For more details on coverage, feel free to check out the pages for Bowtie VHIS Flexi Plans and Bowtie Pink VHIS Plans on our website.

Bowtie VHIS Flexi Regular/Plus

The insured must meet the following conditions to receive compensation:

The insured passes away due to negligence by a registered doctor or qualified nurse while receiving medical services in a hospital within Hong Kong , and the death is not caused by any other factors;
The death mentioned in (1) occurs within 30 days from the date of the incident of negligence, as recorded by government authorities, courts, the Hong Kong Medical Council, or the Nursing Council of Hong Kong;
The negligence mentioned in (1) has been confirmed by the relevant government authorities, courts (including the Coroner’s Court), the Hong Kong Medical Council, or the Nursing Council of Hong Kong;

Bowtie Pink VHIS Plans

The insured must meet the following conditions to receive compensation:

The insured passes away due to negligence by a registered doctor or qualified nurse while receiving medical services in a hospital, and the death is not caused by any other factors;
The death mentioned in (1) occurs within 30 days from the date of the incident of negligence, as recorded by government authorities, courts, the Hong Kong Medical Council, or the Nursing Council of Hong Kong;
The negligence mentioned in (1) has been confirmed by the relevant government authorities, courts (including the Coroner’s Court), the Hong Kong Medical Council, or the Nursing Council of Hong Kong;

*This coverage is not subject to annual limits, lifetime limits, deductibles, or adjustment factors.

Medical Incident FAQs in Hong Kong

Can You Claim Legal Aid for Medical Incidents?

Claims for medical negligence fall under civil claims. Currently, the Legal Aid Department’s “Ordinary Legal Aid Scheme” (OLAS) and “Supplementary Legal Aid Scheme” (SLAS) provide assistance to eligible individuals. Here are the requirements for applicants under both schemes:

Financial Means Test

Merits Test

Ordinary Legal Aid Scheme (OLAS)

Financial resources* must not exceed HK$420,400.

The applicant must have reasonable grounds for initiating or defending a lawsuit.

Supplementary Legal Aid Scheme

(SLAS)

Financial resources* must be more than HK$420,400 but not exceed HK$2,102,000.

* Financial resources are calculated as: “Monthly Disposable Income” x 12 + “Disposable Assets.”

Is Medical Negligence a Criminal Offense in HK?

Medical negligence is not a criminal offense. It falls under “personal injury” in the law and can only be pursued for compensation through civil claims.

Sources

Author

Bowtie Team

The Bowtie Life Insurance Company Limited is an authorized life insurance company and Hong Kong’s very first virtual insurer approved. Through the use of modern technology and medical expertise, Bowtie offers an agent-free, commission-free and more convenient online platform for customers to quote, apply and claim for Voluntary Health Insurance Scheme (VHIS) anytime anywhere. Bowtie is ranked first in the direct channel sales throughout 2021. Stay up to date at www.bowtie.com.hk