When experimental treatments lead to death in Hong Kong, prosecution is not always simple

The medical profession is one of the pillars of Hong Kong society and its doctors, as well as other professionals, are expected to, and often do, uphold the highest standards of professional conduct.

But a dark corner of the healthcare industry exists in the grey area between medical treatment and experimental procedure.

Over the years there have been a number of tragic cases where the administering of experimental treatments has led to the patient’s death. As with medical negligence more generally, conduct of this character is prosecuted under the crime of gross negligence manslaughter, which remains a common law offence.