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Book Talk: Medical Negligence and the Duty to Advise: Beyond Autonomy
Organiser:
Centre for Medical Ethics and Law, HKU
Supporting Organisation:
Medical Ethics and Humanities Unit, HKUMed
Centre for Private Law, The University of Hong Kong
Date: 21 April 2026 (Tue)
Time: 6:00 – 7:00 pm
Venue: Academic Conference Room, 11/F, Cheng Yu Tung Tower, Centennial Campus, The University of Hong Kong, Pokfulam, Hong Kong
Registration Link: Click Here
Abstract:
This work argues that patient autonomy and medical negligence make for strange bedfellows. The emphasis on autonomy has distorted orthodox negligence principles, contributing to uncertainty and angst amongst healthcare professionals while eroding trust in the doctor-patient relationship. This work takes the current discourse beyond autonomy – which focuses on the rights of the patient, to agency and shared decision-making – which focus on the relationship between doctor and patient. The core argument is built on a review of the theoretical foundations of negligence and the philosophical conceptions of autonomy. Provocatively, this work argues against a rights-based approach to negligence – which can be confrontational – in favour of a human obligations approach, which is collaborative and thus well suited to the doctor-patient relationship. Drawing on the theoretical analysis, the book identifies doctrinal anomalies in the duty of care, standard of care, causation, and damage. It critically analyses landmark UK Supreme Court cases, including Chester v Afshar [2005] 1 AC 134, Montgomery v Lanarkshire Health Board [2015] AC 1430, and McCulloch v Forth Valley Health Board [2024] AC 925, arguing that the law increasingly is detached from the realities of medical practice and reasonable expectations of patients.
Speaker:
Prof Kumaralingam Amirthalingam
Faculty of Law, National University of Singapore
Kumaralingam Amirthalingam is a Professor at the Faculty of Law, National University of Singapore. He holds a PhD and LLB (Hons) from the Australian National University. His teaching responsibilities are in the areas of Criminal Law, Law of Torts and Business Torts. His research is in the areas of criminal law and justice (focusing on the role of the Public Prosecutor) and tort law (focusing on medical liability). He is on the Editorial Advisory Board of Medical Law Review and the International Editorial Board of Medical Law International. He is a member of the Singapore Medical Council’s Complaints Panel, the Ministry of Health’s Advisory Panel on Mental Health and Well-being, and the Ministry of Health’s Expert Group for Minors’ Access to Mental Health Services. His recent book with Hart Publishing is Medical Negligence and the Duty to Advise – Beyond Autonomy.
Chair:
Prof Craig Purshouse
Deputy Director, Centre for Medical Ethics and Law, HKU
Deputy Director, Centre for Private Law, HKU
Welcome to join us!
Enquiry: cmel@hku.hk