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A. Legal Action in Tort

Any medical treatment involving physical contact with the patient’s body is prima facie a tort of battery unless the patient has expressly consented (agreed) to that contact, or has at least implied their consent.”


If the consent were given following incomplete or unsatisfactory advice, that consent could not be used as a defence agaist a claim.


In such circumstances, the patient can sue the medical practitioner for damages in tort.


The time limit to take action in tort is 6 years from the date on which the cause of the action occured (Section 4(1) of the Limitation OrdinanceCap. 347).