With the accelerated development of Traditional Chinese Medicine (TCM) and the rising public awareness of healthcare, an increasing number of patients are seeking TCM treatment. As the second-largest service provider under Hong Kong’s Elderly Health Care Voucher Scheme, TCM practitioners must not only master diagnostics, treatment principles, and medication safety but also cultivate strong legal awareness to proactively assess and manage risks, safeguarding both patient rights and their own professional interests.
On October 13, 2025, the symposium “Civil vs. Criminal Liability for Clinical Negligence” was successfully held at PolyU West Kowloon Campus. Organized by the Centre for Aging and Healthcare Management Research (CAHMR) under the College of Professional and Continuing Education (CPCE) of The Hong Kong Polytechnic University and co-organized by the Hong Kong College of Community Health Practitioners (HKCCHP), the event aimed to enhance lawyers, TCM practitioners, and other healthcare professionals’ understanding of the legal boundaries of clinical negligence, with a particular focus on liability delineation for TCM practices within the legal framework.
The symposium featured Senior Counsel Leung, Michael H.K. as the keynote speaker. Using multiple TCM cases he has represented as examples; he analyzed which clinical behaviors could potentially lead to criminal liability. The event also saw active participation from industry professionals, including Dr. Wendy Wong from YatHei Integrative Medical Centre, Dr. Dr. Chiu Chi Fai from Hong Kong Association for Integration of Chinese-Western Medicine, as well as representatives from the organizing institutions, lawyer Lau Kit Hung, James and Dr. Fong Yuk Fai, Ben.
During the trial, Dr. Wendy Wong were shared on the experience of traditional Chinese medicine practitioners in diagnostic assessment and follow-up management. Suggestions were also provided on how to ensure patient safety in the context of integrated Chinese and Western medicine practice. She emphasized that traditional Chinese medicine practitioners should acquire modern medical knowledge, recognize risk indicators, refer patients to Western medicine specialists in a timely manner to monitor their condition, and maintain proper medical records to ensure patient safety and reduce legal risks.
It is advisable to promote cross-disciplinary exchanges among practitioners of traditional Chinese medicine, Western medicine, and the legal field, to jointly explore clinical responsibilities and legal risks and liabilities in integrated Chinese and Western medicine practice, thereby maximizing the protection of both patients and doctors.
