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Bolitho v City and Hackney Health Authority  AC 232 Facts: The plaintiff was the mother of the victim, a two year old child, who suffered serious brain damage following respiratory failure and eventually died at the defendant's hospital. If you have been treated unfairly or negligently by a doctor or other health care professional, you may feel that you are entitled to justice and possibly financial compensation. Bolitho v City & Hackney Health Authority  3 WLR 1151 House of Lords A 2 year old child was admitted to hospital suffering from breathing difficulties. The traditional test in law in such cases remains the Bolam test which states that a doctor is not negligent if what he has done would be endorsed by a responsible body of medical opinion in the relevant specialty at the material time. If the opinion were illogical, then the action would still be a breach of duty. 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.”. • By allowing judicial scrutiny on the professional opinion, it allows judicial intervention . Everyone accepted that the Senior Registrar had failed in her duty of care by not attending, but the question was whether the damage was due to that breach. Mr Justice McNair put it simply in his judgment: “I myself would prefer to put it this way, that he 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.” The clinician is judged in accordance with the standards of the reasonably … 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. Bolitho test A legal test that modified the 1957 Bolam test, which the English courts had been using to determine medical negligence by a doctor or nurse. The standard of care for professionals is comparison to their professional peers. Is it […] Clinical Negligence – Bolitho Test. Three said the opposite, of whom the judge was most impressed by Dr Dinwiddie of Great Ormond Street. In this case, refusing to intubate the child was not illogical, and so there was no breach. Bolitho v City & Hackney Health Authority  3 WLR 1151 House of Lords A 2 year old child was admitted to hospital suffering from breathing difficulties. Lord Browne-Wilkinson evidently wanted to refine rather than overturn the Bolam decision. The prosecution put forward the argument that Dr Dinwiddie’s views were simply not logical or sensible. It states that if a doctor has acted according to proper and accepted practice, he is not guilty of medical negligence. The case concerned a hypothetical situation that would have existed had the Claimant been referred for necessary investigations sooner. So the case hinged on whether a competent doctor would have intubated after the first two episodes. The judge accepted the Senior Registrar’s claim that, even if she had attended, she would not have intubated Patrick after the first or second episodes. The test was formulated in the case of Bolamwhich, despite dating back to 1957, remains good law. 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. After considering the pros and cons of each option, the third alternative was chosen – to retain the . Other tests and standards are also taken into account, such as those standardised by the Gregg vs Scott case, which was brought before the House of Lords in 2002. The assessment of medical risks and benefits is a matter of clinical judgement which a judge would not normally be able to make without expert evidence.”. Happiness is a vain dream if health is absent. The locus classicus of the test for the standard of care required of a doctor or any other person professing some skill or competence is the direction to the jury given by McNair J. in Bolam v. Friern Hospital Management Committee  1 W.L.R. The Bolam Test is a means of assessing clinical negligence in Court. The professional opinion relied upon cannot be unreasonable or illogical. The facts of the case are less important than the judgment. This view could not be held to be illogical. HEALTH and happiness go together. West Midlands Regional H.A., Lord Scarman paraphrased the Bolam test as applying “in the realm of diagnosis and treatment”  1 W.L.R. In his opinion Lord Browne-Wilkinson accepted the principle that a judge would have to consider whether a body of medical opinion was logical, but decided that the opinion used by the defence in Bolitho was indeed logical. ... in Van Wyk v Lewis, explained that because the court is required to decide whether the general level of skill and diligence possessed and exercised at the time by the members of the branch ... An AMH level is the test of choice for measuring ovarian reserve. The AMH Test Explained. The test requires the courts to ask three questions: Was the damage reasonably foreseeable? Why Bolitho v City and Hackney Health Authority is important. Your doctor will order a D-dimer blood test to help diagnose or rule out the presence of a pulmonary embolism. Two such methods are the Bolam and Bolitho tests. Test of Medical Negligence with the concept of reasonable man and prudence and the Bolam test followed by the Indian Courts and the Bolitho test the need of the Hour. The most Bolitho families were found in the UK in 1891. the standards of … test, retention of the test and the application of the test to some but not all of the aspects of a doctor’s scope of work. Why Bolitho v City and Hackney Health Authority is important. Bolitho v City and Hackney Health Authority (1997) was a House of Lords decision that led to an important clarification of the Bolam test. The next day he had two episodes where he went pale and had noisy breathing, as if something were stuck in his throat. Richard Bolitho is the main character of a series of novels written by Douglas Reeman, focused around the military career of this particular individual in the Royal Navy. The most Bolitho families were found in the UK in 1891. The case of Bolitho v City and Hackney Health Authority dates back to 1997 and concerned the treatment of a sick child in hospital. To appreciate the Bolam Test which is the locus classicus to determine liability for medical negligence in England, it is necessary to first consider the facts of the case itself. Therefore, in 1997 the Bolam test was reinterpreted by the English courts. In Bolitho v City and Hackney Health Authority, the House of Lords followed and applied the ‘Bolam principle’. The Bolitho decision demonstrates the waning influence of the Bolam test in the UK and a growing reluctance to apply the professional standard where a proper assessment of risks has not been made. The two-stage test, as applied to this case, was: Dr Dinwiddie’s view had been that Patrick’s symptoms did not suggest a progressive respiratory collapse and there was only a small risk of total respiratory failure, which did not justify the invasive procedure of intubation. The four other Law Lords considering the case agreed with him. Bolitho test when deciding on conflicting medical expert evidence in medical negligence cases. 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