Medical negligence claims involve complex medical and legal matters
that are often challenging for patients (and the general public) to comprehend. Typically, individuals will seek the advice of a lawyer for such cases. If a patient (or the executor of a deceased patient's estate) is unable to afford the cost of hiring a lawyer, they may consider applying for legal aid through the Legal Aid Department. The Department will assess the patient’s (or the deceased patient's estate executor’s) financial resources and the merits of the case (whether there is sufficient legal basis for initiating a claim) to determine whether to grant aid.
- Legal Aid Assistance Scheme: This scheme is designed to provide legal aid to the "middle-income group," i.e., applicants (patients or executors of deceased patients’ estates) whose financial resources do not exceed HKD 2,102,000.
- Ordinary Legal Aid Scheme: This scheme is intended to provide legal aid to the "lower-income group," i.e., applicants (patients or executors of deceased patients’ estates) whose financial resources do not exceed HKD 420,400.
"Financial resources" refer to the applicant's annual disposable income (monthly income multiplied by 12), plus their available assets (excluding the value of their primary residence).
For example: A patient with a monthly income of HKD 40,000, monthly mortgage payments of HKD 18,000, and other necessary expenses of HKD 2,000, has an annual disposable income of HKD 240,000. Additionally, the patient holds HKD 350,000 in cash assets and HKD 550,000 in stock assets, and owns a residential property valued at approximately HKD 4,000,000. Consequently, the total financial resources amount to HKD 1,140,000 (excluding the value of the residential property). This total does not exceed the upper limit of HKD 2,102,000, thus the patient may still be eligible to successfully apply for the Legal Aid Assistance Scheme.
Regardless of whether the patient (or the executor of a deceased patient’s estate) is a Hong Kong resident, they can apply for legal aid if they have been harmed due to medical negligence. As long as the applicant’s financial resources meet the statutory criteria and there is sufficient legal basis for the claim, legal aid may be granted.
