The Bolam V Friern Hospital Management - 1456 Words

The Bolam Test was first established in the case of Bolam v Friern Hospital Management Committee [1957]. It is the ground case used in law to establish appropriate standards of reasonable care involving skilled professionals. Its looks at whether the defendant has lead others to believe that he or she is more able and skilled than they really are. The judgement that was passed that established the Bolam Test in the first place stated â€Å"A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art. Putting it another way round, a doctor is not negligent if he is acting in accordance with such a practice, merely because there is a body of opinion that takes a contrary view†. This test has been supported in many of the leading negligence cases. Maynard v West Midlands Regional Health Authority, Whitehouse v Jordan and Sideway v Bethlem Royal Hospital Governors. (E-lawre sources.co.uk, 2016) The term reasonable person appears frequently in duty of care negligenceShow MoreRelatedHealthcare Law And Breaches Of Duty Of Care1365 Words   |  6 Pagesmeasures could be something as simple as checking the product before sending it off to be sold. The Bolam test comes from the Bolam v Friern hospital management committee (1957) in which a patient suffering from manic depression was recommended ECT (electro-convulsive therapy). The patient wasn’t fully informed of the side effects of the treatment and the patient suffered a broken pelvis as a result. Bolam attempted to sue on the grounds that they failed to gain informed consent and that it was a breachRead MoreConstruction Ltd Built A School944 Words   |  4 PagesNegligence put the claimant in the position to prove that the defendant owed to them a duty of care, the defendant breached that duty and the claimant must have suffered damages as result of that breach (Donoghue v Stevenson [1932] AC562). For the Caparo test (Caparo Industries Plc v Dickman [1990] 2 AC 605) the claimant must establish the foreseeability of the harm and a relationship proximity between him and that defendant. After the Court will listen to the defendant and decide if it is fairRead MoreLaw and Medicine Essay2853 Words   |  12 PagesMedicine The general principle is valid consent must be obtained before medical treatment can commence. In Allen v New Mount Sinai Hospital [1980], J linden stated ‘consent is not a mere formality; it is an important individual right to have control over one’s body, even where medical treatment is involved.’[1] In Schloendorff v society of New York Hospital [1914][2], Cardozo J made a statement â€Å"Every human being of adult years and sound mind has a right to determine whatRead MoreThe Aspect Of Duty Of Care1589 Words   |  7 Pagesregards to negligence. Duty of Care to act impartially The case of Bolam v Friern Hospital Management Committee [1957] lead to the creation of the ‘Bolam Test’. This established the rule for measuring the appropriate standard of reasonable skill and care in negligence cases concerning skilled professionals. The Bolam test came from a number of early cases such as Hickman v Roberts (1913) and London Borough of Merton v Stanley Hugh Leach ltd (1985) which established that the employer shouldRead MoreEssay about Exploring Obligations in a Legal Sense1718 Words   |  7 Pagesdamage will be liable.[1] Negligence is judged by an objective standard set, where the court will look at what a ‘responsible man or woman’ would have done in the defendant’s position. An example of this is in the case of Nettleship v Weston (1971)[2] , the defendant was a learner driver who was given lessons by the plaintiff. The plaintiff was injured as a result of the defendant’s negligent driving. It was held that all drivers, including learning drivers, would be judgedRead MoreNursing and Consent1370 Words   |  6 Pagescontraception, obtaining tissue for bone marrow, where the doubt exists regarding the capacity of the person. 7 In Sidaway v Bethlem Royal Hospital Governors (1985), Lord Diplock said that the information to be disclosed to patient for obtaining consent should be done by following the Bolam standard (named after the case it was enunciated in: Bolam v Friern Hospital Management Committee, 1957) It was held in this case that if the medical practitioner acted in accordance with the practice which isRead MoreActions for Wrongful Birth and Wrongful Conception3277 Words   |  14 Pagesaction lies with the parents. This is different for actions for wrongful life where the action is brought by the child who alleges injury in utero or has a preventable congenital condition. There has only been in one such case in English law – McKay v Essex Area Health Authority, and the Court of Appeal rejected the notion the life itself could be compensatable damage. However in this situation an action can often be brought by the parents for wrongful birth Where a child is born unplanned thereRead MoreEmbracing Diversity Challenging Minds2946 Words   |  12 Pagesnot taken care, i.e. has been negligent. STANDARD OF CARE Breach of duty in negligence liability is decided by the objective test, i.e. the defendant is expected to meet the standard of a reasonable person. This test is from the case of: Vaughan V Menlove The defendants haystack caught fire due to poor ventilation. Defendant had insured it, therefore would lose nothing if it caught fire. Defendant argued that he acted honestly and in accordance with his own best judgment of risk. Held: thisRead MoreIntentional Tort1795 Words   |  8 Pagesmistakenly, which was an unlawful touching. According to Elliott and Quinn there are three elements to this intentional tort; force, direct application and intent which is so in this case. However, according to Croom-Johnson LJ in the case of Wilson v Pringle â€Å"the first distinction between two causes of action where there is personal injury is the element of contact between the claimant and the defendant; that is touching of sort. In the action of negligence, the physical contact (where it takesRead MoreThe But for Test and Balance of Probabilities Essay1712 Words   |  7 Pagescease, continuous development is the most practical and proven way of providing effective remedies for both individuals and the general public. Bibliography Conaghan, J. Mansell, W., 1999. The Wrongs of Tort. 2nd ed. London: Pluto Press. Farg, S. V, D., 2012. Loss of Chance. Personal Injury Law Journal. Fleming, J. G., 2011. Flemings The Law of Torts. 10th ed. Sydney: Thomson Reuters . Fulham-McQuillan, S., 2014. Judicical belief in statistics as fact: loss of chance in Ireland and England. Professional