What is the Bolitho principle?
The Bolitho test Put simply, it states that the defence could not be considered reasonable if the body of doctors or supporting witnesses were not capable of withstanding logical analysis.
What is the significance of Bolitho v city and Hackney health authority?
City and Hackney Health Authority [1996] 4 All ER 771 is an important English tort law case, on the standard of care required by medical specialists. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation.
What happened Bolitho?
In the Bolitho case the defending doctor was acquitted both at the original trial, in the Court of Appeal, and finally in the House of Lords. The four other Law Lords considering the case agreed with him. The facts of the case comprised a tragic tale in which Patrick Bolitho, age 2, was admitted to Barts with croup.
What is the Bolam test in law?
In other words, the Bolam test states that “If a doctor reaches the standard of a responsible body of medical opinion, he is not negligent”. Mr Bolam was a voluntary patient at mental health institution run by the Friern Hospital Management Committee.
How did Bolitho change Bolam?
In 1957, The Bolam Test had stipulated that no doctor can be found guilty of negligence if they are deemed to have acted “in accordance with a responsible body of medical opinion.” The Bolitho Test helped to clarify what was meant by “a responsible body,” defining it as one whose opinion had a “logical basis.”
What is classed as medical negligence?
Medical negligence is substandard care that’s been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There’s a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.
What was held in hotson vs East?
Hotson v East Berkshire Area Health Authority [1987] 2 All ER 909 is an English tort law case, about the nature of causation. It rejects the idea that people can sue doctors for the loss of a chance to get better, when doctors fail to do as good a job as they could have done.
Where does the name Bolitho come from?
Bolitho is a surname of Cornish origin, derived from Bolitho in west Cornwall.
Is the Bolam test still used?
Although many challenges and amendments have occurred, still the over-riding gold standard of defence in medical negligence is the Bolam test. After 60 years, and almost since the NHS began, this case continues to play an important role in the lives of doctors and patients.
Is Bolam still good law?
The Bolam test The test was formulated in the case of Bolam which, despite dating back to 1957, remains good law. As such, in Bolam, because the treatment provided for the claimant’s mental health condition was in accordance with the standards of the time for electro-convulsive therapy (ECT), it was not negligent.