The case Bolam v Friern Hospital Management Committee (1957) 1 WLR 583 established that if a doctor acts in accordance with a responsible body of medical opinion, he or she will not be negligent. He began to suffer right foot pain due to … The Bolam case very clearly distinguished between the negligence by an ordinary man and negligence by a professional in the following words: “But where you get a situation which involves the use of some special skill or competence, then the test as to whether there has been negligence or not is not the test of the man on the top of a Clapham omnibus, because he has not got this special skill. In this case Lord Browne-Wilkinson reminded the court that they are In applying the Bolam test where evidence is given that other practitioners would have adopted the method employed by the defendant, it must be demonstrated that the method was based on logic and was defensible. In teaching the rudiments of the 1957 Bolam test as ‘reined’ in by the Bolitho principle, it is invariable for at least one student to ask “is it not obvious that explanations must make logical sense to the Court?” Which invariably raises the point in my mind, “The question should be: The Bolitho principle demands that Bolam oriented statements makes logical sense to whom? AU - Heywood, R. PY - 2006. However, whether it is viewed as a single Bolam/Bolitho test, a single but two-stage Bolam and then Bolitho test or two totally separate Bolam and Bolitho tests is really rather academic: the key take-home message is that, to be held non-negligent, a particular medical or surgical practice must be a logical one. Bolitho narrowed the scope of the test, stating that the court must be satisfied that the body of opinion relied upon has a logical basis. Bolitho was born in 1756 in Falmouth, Cornwall, in Great Britain, the second son of a prestigious naval family.He joined the navy in 1768. The case came on for trial before Hutchinson J. VL - 22. To operate on an ERD does not address the cause of the generation of fluid and carries substantial risks. This case was brought by the mother of Patrick Bolitho, a young boy who died following a cardiac arrest in hospital that resulted in severe brain damage. Bolitho case law, Section III elucidates and categorises the factors that have indicated, expressly or impliedly, that the requisite logical basis for a defendant doctor's expert medical opinion was absent. profession, would perhaps be unlikely to withstand logical scrutiny if that practice is contrary to a clear consensus emerging from the evidence base. The Bolitho case was the start of the erosion of medical protectionism enshrined in Bolam as it gave the judiciary far greater discretion when determining liability in … Richard Bolitho is a fictional Royal Navy officer who is the main character in a series of novels written by Douglas Reeman (using the pseudonym Alexander Kent). Professional negligence: duty of care methodology in the twenty first century; The future of immunity for expert witnesses In this post Thea Wilson of 12 KBW considers the recent case of Williams v CWM Taf Local Health Board, in which the Court of Appeal gave further guidance regarding the heavy burden on claimants of satisfying the Bolitho test.. A doctor is not guilty of negligence if he or she has acted in accordance with a practice accepted as proper and responsible by a responsible body of medical practitioners skilled in t… SP - 225. Abstract Over the last quarter of a century, English medical law has taken an increasingly firm stand against medical paternalism. “ logical analysis ... situation, 101 and cases are determined on case to case basis. Y1 - 2006. Patrick suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure. [77] I also consider that the practice survives Bolitho scrutiny as being “responsible” or “logical”. TY - JOUR. The claim relates to treatment received by Patrick Nigel Bolitho at St. Bartholomew's Hospital on 16 and 17 January 1984 when he was two years old. This was recognised in the classic direction of McNair J. to a jury in Bolam vs Friern Hospital Management Committee. 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