P ("Plaintiff") lives in Hong Kong (HK), and suffers from Gastro Esophageal Reflux Disease (GERD). Every two months, she sees a family physician at Tseung Kwan O Hospital. She can't afford the private hospitals in HK.
She has been prescribed PANTOPRAZOLE, but it hasn't been effective and she wants to try other medications on the Hospital Authority Drug Formulary (HADF) like DEXLANSOPRAZOLE. But her doctor told her that her Cluster doesn't stock DEXLANSOPRAZOLE. Her doctor alleges that patients can't transfer to another cluster simply to obtain different medication.
P is dissatisfied by Complaint Management Section's reply below. Undoubtedly, it's discriminatory and unjust for patients to get more effective medications for free simply because they live in a different cluster! She's thinking of complaining to the Office Of The Ombudsman, Hong Kong.
"Tseung Kwan O Hospital has explained to you on April 1, 2021 that under the HADF [Hospital Authority Drug Formulary] mechanism, each hospital can select drugs from HADF to draw up its own formulary to suit that hospital's service demands. We are given to understand that you have been prescribed with the medication PANTOPRAZOLE for your GERD, and your symptoms were under control.
Your requested medication DEXLANSOPRAZOLE is not available in the hospitals of Kowloon East Cluster, but the local drug formulary includes different drugs for treatment of GERD. You can be assured that upon examination and assessment of patients' clinical conditions, doctors will prescribe appropriate drug treatments for you.
What is the outcome or solution that you want?
P wants Tseung Kwan O Hospital to prescribe her DEXLANSOPRAZOLE. This is her first choice.
In the alternative, P is even willing to commute to another nearby hospital in another cluster, if that hospital can dispense DEXLANSOPRAZOLE.
Is HA liable? What are P's legal remedies?