The Patient Waiver Of Liability is a crucial document used in Hong Kong healthcare settings to establish clear understanding and agreement between healthcare providers and patients regarding potential risks and liability limitations. This document becomes necessary before administering medical treatments, procedures, or services where specific risks need to be acknowledged and accepted by the patient. It combines elements of Hong Kong healthcare regulations, contract law, and patient rights legislation to create a legally sound agreement that protects both parties while ensuring patient safety and informed consent remain paramount. The document is particularly important in private healthcare settings but is also utilized in public healthcare facilities where specific procedures or treatments carry notable risks. While it limits certain liabilities, the waiver explicitly preserves patient rights in cases of gross negligence or willful misconduct, aligning with Hong Kong legal requirements.
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1. Parties: Identification of the healthcare provider/facility and the patient (including full legal names and details)
2. Background: Context of the medical treatment or procedure and purpose of the waiver
3. Definitions: Clear definitions of key terms used in the document, including 'Treatment', 'Healthcare Provider', 'Medical Services', etc.
4. Acknowledgment of Risks: Patient's confirmation of understanding the risks, complications, and potential outcomes associated with the treatment
5. Scope of Waiver: Clear delineation of what liability is being waived and what is not (excluding gross negligence and willful misconduct)
6. Patient Declarations: Patient's confirmation of receiving adequate information, asking questions, and understanding the procedure
7. Medical History Disclosure: Patient's confirmation of providing accurate and complete medical history
8. Emergency Authorization: Consent for emergency procedures if needed during the course of treatment
9. Governing Law and Jurisdiction: Specification that Hong Kong law governs the agreement and Hong Kong courts have jurisdiction
10. Signature and Date: Space for patient (or legal representative) and healthcare provider signatures, with date and witness provisions
1. Language Declaration: Statement confirming the patient understands the language of the waiver, used when the patient's first language is not the language of the document
2. Specific Procedure Risks: Detailed risks for specific procedures, used when the waiver relates to particular high-risk treatments
3. Photography Consent: Permission for medical photography, used when procedures may require before/after documentation
4. Medical Device Acknowledgment: Specific waiver for medical devices or implants, used when treatment involves medical devices
5. Research Participation: Consent for use of treatment data in research, used when the procedure may contribute to medical research
6. Insurance Declaration: Acknowledgment of insurance coverage limitations, used when treatment may not be covered by insurance
7. Translator Certification: Certification by translator if document was explained in another language, used when translation services are provided
1. Schedule A - Procedure Details: Detailed description of the medical procedure or treatment
2. Schedule B - Known Risks and Complications: Comprehensive list of potential risks and complications associated with the treatment
3. Schedule C - Pre and Post Procedure Instructions: Detailed instructions for before and after the procedure
4. Appendix 1 - Patient Information Form: Standard form collecting patient's medical history and current conditions
5. Appendix 2 - Witness Declaration: Form for witness details and signature if required
6. Appendix 3 - Glossary of Medical Terms: Definitions of medical terminology used in the document in plain language
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