The Medical Waiver Of Liability Form is an essential document in Hong Kong's healthcare ecosystem, designed to protect both healthcare providers and patients by establishing clear documentation of informed consent and risk acknowledgment. This document becomes necessary before conducting medical procedures, treatments, or participating in clinical trials, where specific risks need to be communicated and acknowledged. It must comply with Hong Kong's healthcare regulations, including the Medical Registration Ordinance and Personal Data (Privacy) Ordinance, while balancing the legal protection of healthcare providers with patient rights. The form includes comprehensive details about medical procedures, potential risks, emergency protocols, and liability limitations, while ensuring that patients maintain their fundamental rights to seek recourse in cases of gross negligence or willful misconduct.
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1. Parties: Identification of the healthcare provider/facility and the patient (including full legal names and identification details)
2. Background: Context of the medical treatment or procedure being provided and purpose of the waiver
3. Definitions: Clear definitions of medical terms, types of treatment, and key legal terminology used in the document
4. Acknowledgment of Risks: Detailed description of known risks and potential complications associated with the treatment or procedure
5. Voluntary Consent: Patient's confirmation that they are entering into the agreement voluntarily and with full understanding
6. Scope of Waiver: Specific details of what liability is being waived and what limitations apply
7. Exceptions to Waiver: Clear statement of what cannot be waived (e.g., gross negligence, willful misconduct)
8. Emergency Authorization: Authorization for emergency medical treatment if necessary
9. Governing Law: Specification that Hong Kong law governs the agreement
10. Execution: Signature blocks for all parties, including witness signatures where required
1. Medical History Declaration: Optional section for patient to declare relevant medical history - used when the procedure is significantly affected by medical history
2. Language Declaration: Statement confirming that the patient understands the language of the document - used when the patient's first language is not the document language
3. Photography Consent: Permission to photograph or record the procedure - used for procedures where documentation may be necessary
4. Insurance Details: Information about insurance coverage and limitations - used when insurance is relevant to the procedure
5. Alternative Treatments: Description of alternative treatment options - used for elective procedures
6. Research Participation: Consent for use of data in research - used when the procedure may contribute to medical research
1. Schedule 1 - Detailed Procedure Description: Comprehensive description of the medical procedure or treatment
2. Schedule 2 - Risk Disclosure: Detailed list of specific risks and potential complications
3. Schedule 3 - Post-Procedure Care Instructions: Detailed instructions for after-care and follow-up
4. Appendix A - Patient Rights: Statement of patient rights under Hong Kong law
5. Appendix B - Emergency Contact Information: Emergency contact details and medical proxy information
6. Appendix C - Facility Policies: Relevant facility policies and procedures that affect patient care
Relevant legal definitions
Clauses
Relevant Industries
Healthcare
Medical Services
Private Hospitals
Public Hospitals
Specialist Clinics
Dental Services
Cosmetic Surgery
Clinical Research
Allied Health Services
Alternative Medicine
Medical Tourism
Relevant Teams
Legal
Compliance
Risk Management
Patient Services
Clinical Operations
Quality Assurance
Medical Records
Administrative Services
Patient Relations
Clinical Research
Insurance Coordination
Relevant Roles
Medical Director
Hospital Administrator
Clinical Operations Manager
Risk Management Officer
Legal Counsel
Compliance Officer
Medical Practitioner
Nurse Manager
Patient Services Coordinator
Quality Assurance Manager
Clinical Research Coordinator
Medical Records Officer
Healthcare Facility Manager
Patient Rights Advocate
Medical Insurance Coordinator
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