Medical Negligence
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For a fatal claim

a)        Funeral expenses

b)        Damages for bereavement, currently set at HK$220,000

c)        Loss of dependency

    This refers to the loss suffered by those who depended on the deceased for support (if any), such as the deceased's children, spouse and parents. This is calculated with reference to the actual income and expenditure of the deceased's household, taking into account the age of the dependants.

d)        Loss of accumulation of wealth

    This is assessed with reference to the value of the estate of the deceased as of his death and the value of the estate but for the medical negligence incident had the deceased died naturally at a later date. The calculation is also made with reference to any savings plan, or the likelihood of savings that may have occurred, had the deceased died later naturally.

e)         Loss of services

    This claim is principally made by a surviving spouse, and is based on the surviving spouse's evidence that the deceased had assisted with household work, such as cooking and taking care of the children. An award of this kind will be made if the surviving spouse can prove that the dependants (children or other family members) have suffered a financial loss due to the loss of the gratuitous services rendered by the deceased spouse, which would have continued had he/she still been alive. An example of this kind of financial loss is having to spend money to hire a domestic worker to handle the household work formerly undertaken by the deceased.

f)         Interest on the above damages

g)        The claimant’s legal costs