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KMID : 0986720200280020121
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Korean Journal of Medicine and Law
2020 Volume.28 No. 2 p.121 ~ p.148
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Hong Kong's Apology Ordinance and Its Implications in Medical Disputes
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Shin Eun-Joo
Kim Yu-Na
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Abstract
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The possibility of accidents is inherent in medical practice because there is a risk that unexpected adverse outcomes may occur. When a medical accident occurs, people who have suffered from the medical accident want to hear and know how the accidents happened in detail despite the good intention of a medical practitioner or institution, rather than file a lawsuit. This is because they are not well aware of the medical process and action.
However, in reality, patients and their families could not receive adequate explanation or information from the medical practitioner or institution about the medical process or adverse accidents. Meanwhile, the medical practitioner cannot apologize or admit his or her mistake due to the fear which his or her apology can be deemed as legal negligence even though he or she wants to apologize for the accident. Therefore, when a medical accident occurs, an agreement between the parties seems difficult to resolve the problem, which finally leads to litigation. Litigation, which amplifies the conflict and distrust between the medical practitioner and the patient, causes a massive socioeconomic loss because not only that it increases the legal cost, but also that it cannot resolve the conflict properly. In some countries, the apology law is enacted as a legal system that can decrease the socioeconomic loss under the reduction of litigations and disputes, by sharing the information about the accident and explaining the medical practice in the case of a medical accident. Recently, Hong Kong also enacted the Apology Ordinance. Hong Kong’s Apology Ordinance has the broadest application scope among the apology laws enacted so far.
In this paper, we describe the process of enactment and the contents of Hong Kong’s Apology Ordinance, which is the most recently enacted and has the broadest application scope. While the process of enacting, a comparative law study about the foreign apology laws took and the review was reflected in the Ordinance. By studying Hong Kong’s Apology Ordinance, we think that it is necessary to adopt the apology law in Korea as one way of stimulating conflict resolution. Also, we suggest the provision for the apology by amending the Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes.
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KEYWORD
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medical malpractice, medical dispute resolution, the Apology Ordinance, tort reform, full apology, partial apology
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