Court Rejects Surgeon Chu’s Final Appeal Bid
SingTao · 1 SOURCESabout 2 hours ago5 MIN
Summary
Hong Kong’s Court of Final Appeal has refused specialist surgeon Chu Kin-wah (朱建華) leave to appeal against findings of professional misconduct and a six-month removal from the medical register. The case stemmed from a 2015 operation after which a fist-sized piece of surgical gauze was left inside a patient, whose continuing abdominal pain was not properly investigated until another doctor later uncovered the problem. In reasons released on September 1, the court said the Medical Council’s disciplinary inquiry had considered records from other doctors and that it was for Chu, not the inquiry panel, to call those doctors as witnesses if he wished to rely on them.
Key Points
- Chu Kin-wah applied for final appeal leave after the Court of Appeal had already dismissed his challenge earlier this year.
- The Court of Final Appeal panel comprised permanent judges Johnson Lam and Roberto Ribeiro, plus non-permanent judge Tang Kwok-wai.
- The patient underwent surgery in October 2015, but a fist-sized surgical gauze was left in the abdomen after the operation.
- After repeated follow-up visits failed to identify the cause of persistent abdominal pain, the patient consulted another doctor and underwent surgery to remove the gauze.
- The Medical Council found Chu guilty on two counts of professional misconduct and ordered a total six-month suspension from practice.
Why It Matters
The ruling clarifies that in Medical Council disciplinary proceedings, the tribunal may weigh documentary records from other doctors without being required to summon them on its own initiative. For Hong Kong patients and practitioners, the case underscores the legal and professional consequences of inadequate post-operative follow-up when a patient continues to report unresolved symptoms.