The case of Bolitho vs Hackney Health Authority (1977) found that both the claimant’s and the defendant’s evidence was useful. The Bolam Test is based on the premise of determining whether the actions of the medic are in line with the actions of other medics who are in their position – this means that it can sometimes change according to their degree of experience, for example.Īlthough this happened in 1957, the basics of the Bolam Test remain key, but it has been adapted to fit with the ever-evolving medical profession. This led to the legal system developing and implementing the Bolam Test as a way to measure medical negligence. The result of the case was that it failed as it was deemed that the doctor had followed the medical protocol at the time, and patients were also not routinely advised of all of the small risks that could occur as a result of the procedure. Bolam had not been warned of the potential risks of the procedure. Bolam had not been restrained during the procedure.ģ.Mr. Bolam argued that his doctor has been negligent for the following three reasons:ġ.Muscle relaxation had not been administered before the procedure began.Ģ.Mr. Bolam – received Electro Convulsive Therapy (ECT) which caused him serious fractures. The case was related to an incident at the hospital whereby the patient – Mr. The Bolam Test was first implemented following the 1957 case of Bolam vs Friern Hospital Management Committee. In the UK, establishing culpability in a medical setting can be complicated, and this is why the Bolam test is used, enabling medics to be assessed for breach of duty. This results in them getting compensation if it can be proven that there was medical negligence. If this is the case, sometimes patients can make a claim for medical negligence. When something goes wrong in a medical setting it can often have a long-lasting negative impact on people’s lives. Food Safety & Environmental Prosecutions.No Win No Fee Medical Negligence Claims.
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