bolam test nhs

Treatment is not negligent if there is a responsible body of specialists practising that discipline who would have done the same, provided the view of that responsible body is capable of logical analysis (the Bolitho qualification). The defence for the doctor argued that even if she had attended, she would not have intubated. The jury returned the verdict in favour of the defendants in the court case, heard in 1957, in a verdict that has become a key test for breach of professional duty. McNair J set out the test for determining the standard of care owed by medical professionals to their patients (sometimes referred to as the ‘Bolam test’). The voice for today's GP. Ensuring quality and consistency of expert witnesses available to civil and criminal courts is in the interests of both the public and the medical profession. 1. View options for downloading these results. The Hunter v Hanley case, in Scotland, preceded the Bolam case by two years, but illustrated the same principle. Maidstone, Prospect Health Quick Reference Where clinical negligence is claimed, a test used to determine the standard of care owed by professionals to those whom they serve, e.g. In accordance with the hospital’s usual practice of not administering a relaxant or applying manual restraint, the psychiatrist Dr Allfrey gave him electro convulsive therapy (ECT). Expert witnesses gave different views - some saying they would have intubated, others that they would not. The body of doctors Bolam test was subsequently lifted and adopted by the Court of Appeal and High Court in cases like Maynard v West Midlands RHA 1984 1 WLR 634 and Sidaway v Bethlem and Maudsley Hospitals 1985 AC 871 to become “the Bolam test”. Although a doctor was called upon to attend, she failed to do so. After 60 years, and almost since the NHS began, this case continues to play an important role in the lives of doctors and patients. Although many challenges and amendments have occurred, still the over-riding gold standard of defence in medical negligence is the Bolam test. This guideline offers guidance for clinicians working in Emergency Departments in the United Kingdom about obtaining consent. by Dr Thomas Abraham . Published by Social Services Research Group (SSRG), 01 March 2016. Her appeal was successful and the judgment held that the assessment of whether consent was adequate in a clinical negligence claim would not be assessed by the Bolam test. In England alone, the NHS deals with over a million patients every 36 hours. Before Montgomery, a doctor's duty to warn patients of risks was based on whether they had acted in line with a responsible body of medical opinion. The claimant argued that rather than applying the Bolam test, the relevant authority for alleged misdiagnosis cases was Penney v East Kent Health Authority [2000] PNLR 323. This was known as the Bolam test. On these facts the judge found that the claimant had established a causal link between the breach and the injury she had sustained and held that the defendant was liable in damages (Parliament, 2003). The House of Lords ruled for the Health Authority in this case and within the ruling they applied a further element to the Bolam test: that of logic of a medical opinion. In this post, Christopher Fleming of 12KBW discusses the recent decision in Metcalf v Royal Devon and Exeter NHS Foundation Trust [2019] EWHC 3549 (QB). The case concerned a hypothetical situation that would have existed had the Claimant been referred for necessary investigations sooner. Although the original case was related to the alleged negligence of a doctor, the test has become the universal yardstick applicable to all health professionals. The court accepted that if Mrs Montgomery been told about the risk of dystocia, she would have chosen to have a caesarean. It is based on... Click export CSV or RIS to download the entire page or use the checkbox in each result to select a subset of records to download. Bolam test A test that arose from English tort law, which is used to assess medical negligence. This discussion concerns breach of duty and the Bolamdefence. Does the Chief Medical Officer’s report into clinical negligence in the NHS signal the end of the Bolam test? The court based its decision in part on GMC guidance on consent, which advises doctors to 'tailor your approach to discussion with patients according to (a) their needs, wishes and priorities, (b) their level of knowledge about and understanding of their condition, prognosis and treatment options, (c) the nature of condition, (d) the complexity of treatment and (e) the nature and level of risk associated with investigation/treatment'. Published by Royal College of Surgeons of England (RCS), 02 September 2019. Relevance The test is essentially a peer review of the doctor's behaviour - if others would have acted in a similar way, then the doctor is unlikely to have breached his duty of care. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a responsible body of medical opinion, they are not negligent. The new NHS Redress Act, which returns an element of beneficence to the compensation equation, appears to be a natural and logical response, but it is a gamble as yet untested. 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. Her baby developed hypoxia, leading to cerebral palsy. During the treatment, he sustained violent muscle spasms causing him to fracture both hips. • Having established a breach of duty, there must be proof of causation of damages. Faversham, Kent, Only 15% of legal claims against doctors succeed, Government review not bold enough to reverse rising indemnity costs, say MDOs. Sorted by Two decades ago, two-year-old Patrick Bolitho - while in hospital - developed obstruction of the airway and suffered cardiac arrest, which resulted in brain damage and subsequently death. Ipswich City, Menlo Park Recruitment Perth, Prospect Health This is a constant problem within quasi-judicial bodies that often take every opportunity to accept unchallenged the lowest standards of expert opinion. By referring to the importance of the accepted practice of other doctors, the Trust used the Bolam test. This was a case in which the issue of when to hold a discussion of options for management was a matter of medical judgment – and one therefore which would be governed by the Bolam test rather than by the principles in Montgomery. Waterlooville, Hampshire, Fylde Private GP The Bolam test is then described and how it has come to play such a prominent role in assisting the courts to assess if an appropriate standard has been achieved in medical negligence litigation. At the trial, the expert witnesses said that a large body of medical opinion was not in favour of using relaxant drugs. The Supreme Court ruled in favour of Mrs Montgomery despite attempts to defend her treatment based on the Bolam test. Bolam holds that the law imposes a duty of care between a doctor and his patient, but the standard of that care is a matter of medical judgement. | Every healthcare professional and doctor should carefully read a report in The Times of 9 October 2002.1 This is a powerful and moving account of a mishap in the NHS that led to the death of a Ž veyear- old girl. The Bolam test The Bolam test was first recognised in the case of Bolam vs Friern Hospital Management Committee. The ruling. Hull GP Dr Thomas Abraham looks back at the 60-year history of the Bolam test, which has underpinned doctors' defence against medical negligence claims almost since the NHS began. Given the complexities of modern medicine it is possible, and even likely, that a dissenting g… The NHS stands for National Health Service and provides its users with a quality standard of healthcare, irrespective of wealth. Nicholas Wilkes discusses the merits of the old method as against new plans On 30 June 2003, Chief Medical Officer Sir Liam Donaldson (main picture) published his long-awaited consultation paper, entitled ’Making Amends’. Bolam v Friern Hospital Management Committee (Queen's Bench Division) Facts : During the course of electro-convulsive therapy administered to him at the defendants' mental hospital, the plaintiff, a voluntary patient, sustained bilateral "stove- in" fractures of the acetabula. The doctor knows best. This is the Bolam test, first formulated in Bolam v Friern Hospital Management Committee.2 What makes it potentially (and what made it actually) a high road to paternalism is the fact that it is a test not just of substantive law (setting out the elements of an actionable breach of duty) but also of evidence. Duri… He pursue… A short history of the Bolam test - a keystone of medical negligence law for 60 years Hull GP Dr Thomas Abraham looks back at the 60-year history of the Bolam test, which has underpinned doctors' defence against medical negligence claims almost since the NHS began. High Court judge McNair J directed the jury: ‘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 the other 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.’. While treating Mrs Hunter for bronchitis, Dr Hanley gave a course of penicillin injections. The medical profession has for a long time been a petri dish for paternalistic practices and attitudes. Published by Royal College of Emergency Medicine, 01 November 2017, Published by Society of Radiographers (SCoR), 17 January 2018. Prospect Health 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… The doctor’s judgment is not to be questioned. Why do patients decide to sue their doctor? Mr Bolam was a voluntary patient at mental health institution run by the Friern Hospital Management Committee. Negligence in Court a long time been a petri dish for paternalistic practices attitudes... Acted according to proper and accepted practice around informed consent, Bolam is. Themes: Montgomery v Lanarkshire health Board of expert opinion profession has for long... 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