| This thesis explores the implications of cultural values on substitute decision-making and medical negligence in Hong Kong. It argues that substitute decisions should be made in accordance with patients' wishes or best interests, unless there is clear and convincing evidence to the contrary. The thesis suggests that cultural values may impinge on medical negligence suits brought by third parties. It anticipates issues that may arise if a similar case as Hobbs v. Robertson1 was to come before the Hong Kong courts. The thesis argues that it may be justifiable to limit competent patients' right to waive medical negligence.;1(2001), [2001] B.C.J. No. 190, 2001 CarSwellBC 227 (S.C.); rev'd on other grounds (2002), [2002] B.C.J. No. 2021, 2002 CarswellBC 2052 (C.A.); [2004] B.C.J. No. 1689, 243 D.L.R. (4th) 700 (B.C.S.C.); [2006] B.C.J. No. 266, 265 D.L.R. (4th) 537 (B.C.C.A.). |
