2. Is there any deadline for initiating legal proceedings for medical negligence? Which Court should I approach?

Generally speaking, an adult claimant has three years from the date on which the cause of action accrued (the date of the negligence incident) or, if later, the date on which the existence of a cause of action for medical negligence became known. For an infant claimant (under the age of 18), the three-year period does not begin until the claimant reaches the age of 18. For a person of unsound mind, the three-year period does not begin until the date on which the person becomes sane. However, this restriction is also subject to the Court's discretion to allow the action to proceed despite the expiry of the three-year period.

If the amount of compensation that you are claiming is over HK$1,000,000, you must start your action in the Court of First Instance of the High Court. Claims up to HK$1,000,000 can be made in the District Court. Claims under HK$50,000 can be pursued in the Small Claims Tribunal.

For more information on the procedures for filing court documents, please see the Personal Injuries topic (medical negligence comes within the category of personal injury claims). Due to the complexity of such court action, you are strongly recommended to hire a lawyer to represent you.