Medical Protection Society’s Review of PHFO

In November, the Medical Protection Society released the following statement regarding MPS indemnity and representation for Chief Medical Executives (CMEs) appointed under the Private Healthcare Facilities Ordinance:

“We have had a number of enquiries from members asking if they can purchase professional indemnity for their role as a CME. Having reviewed the terms of the Private Healthcare Facilities Ordinance, the sanctions for non-compliance could potentially be:

  • Fines: As these are punitive measures, these are outside our standard scope of membership and are usually uninsurable.
  • Referral to the regulator: There is the potential for a member to be referred to the regulator for a breach of duty as a CME. This is something you would be able to seek assistance with under the standard terms of your MPS membership.
  • Vicarious liability: We do not believe the CME could be found vicariously liable for clinical negligence within the practice. This would still fall to the individual clinicians involved and/or the employer.”

The Society’s statement can be found in full at:

Medical Protection Society Limited. “Chief medical executive – new role in Hong Kong”. 13 November 2019. https://www.medicalprotection.org/hongkong/casebook-resources/medicolegal-articles/articles/chief-medical-executive-new-role-in-hong-kong