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Liability for Dispensing Errors in Hong Kong.

¹Faculty of Law, The University of Hong Kong, Hong Kong, SAR.

Asian Bioethics Review

|October 7, 2021

Summary

This summary is machine-generated.

Hong Kong

Keywords:

Dispensing errors Hong Kong Liability Pharmacy law Professional regulation

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Area of Science:

Pharmaceutical Law
Medical Ethics
Criminal Law

Background:

The UK's R v Lee case led to decriminalizing inadvertent dispensing errors via a due diligence defense.
This raises questions about Hong Kong's legal stance on similar errors.

Purpose of the Study:

To analyze Hong Kong's legal position on dispensing errors by healthcare professionals (HCPs).
To explore if Hong Kong can adopt the UK's decriminalization approach.
To advocate for a legal framework prioritizing error minimization over retribution.

Main Methods:

Examining Hong Kong's current liabilities for HCP dispensing errors.
Analyzing criminal liability through landmark cases (Hin Lin Yee, Kulemesin).
Comparing Hong Kong's framework with the UK's post-R v Lee developments.

Main Results:

Hong Kong's current legal framework for dispensing errors is complex, particularly regarding criminal liability.
There are compelling arguments for decriminalizing dispensing errors in Hong Kong.
Significant regulatory overhaul and increased accountability are prerequisites for decriminalization.

Conclusions:

Hong Kong's legal regime for dispensing errors requires reform to prioritize future error reduction.
Decriminalization is feasible but necessitates enhanced regulatory oversight and accountability frameworks.
Adopting a due diligence defense, similar to the UK, could be a potential pathway.