TVB News programme “News Magazine 新聞透視” interviewed Mr Gordon Chan about issues with prolonged handling of complaints in the Medical Council of Hong Kong.
In an interview with TVB News, Mr Gordon Chan discussed the complaint handling process at the Medical Council of Hong Kong and why a prolonged delay in the hearing is problematic, despite the availability of medical records.
This interview is the third time TVB News has interviewed Mr Gordon Chan about the Medical Council of Hong Kong regarding the permanent stay of proceedings. On previous occasions, Mr Chan was interviewed by the news, followed by a special feature, “A Closer Look”. This time, Mr Chan is interviewed by “News Magazine” in another special feature.
While in a medical context, there would inevitably be contemporaneous records. It may take the form of ambulance records, progress notes, observation charts, medication records, imaging, medical certificates, etc. These are essential and weighty evidence as to what happened at the time of treatment. However, oral testimony and memory are crucial where there are disputes or gaps in the evidence.
Even if medical records are well preserved, memories inevitably fade. Prolonged delay may still render a fair hearing impossible, thereby seriously prejudicing the rights of both the doctor under investigation and the complainant.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
