Jul 23, · The Bolam principle. The Bolam test was established in following the decision of the court in Bolam v Frierm Barnet HMC [1] in which the court concluded that a doctor might be able to avoid a claim for negligence if he can prove that other medical professionals would have acted in the same way. In this case the plaintiff had been a voluntary patient at mental health institution that was run by This essay will examine the effect of Bolam and address the question of whether its precedent represents a relic from a bygone era which no longer has a place in a modern legal system or whether it adequately serves society by striking a necessary balance between the medical profession and the patients to whose care they are entrusted Jul 10, · Bolithos Essay Bolam And On. In , Lord Browne-Wilkinson, in Bolitho v City and Hackney HA, reaffirmed that. Where clinical negligence is claimed, a test used to determine the standard of care owed by professionals to those whom they serve, e.g. to a jury in Bolam vs Friern Hospital Management Committee. 10 The addendum requires the expert medical opinion to pass a threshold
Essay On Bolam And Bolithos
Click here to download the full pa per PDF. Authored By: Dr. Smarita Mohanty B. M, Ph. D LawState Consumer Disputes Redressal Bolam bolitho essay, Odisha. Click here for Copyright Policy, bolam bolitho essay.
Click here for Disclaimer. The article presents the history of legislation dating back from BC to recent times, bolam bolitho essay. The paper depicts the Donoghue Case which was the turning point in the history of personal injury leading to the breach of contract.
The case brought forth the difference between contractual relationship and negligence. This paved the path in the modern age to claim for the negligence of duty of care by a medical practitioner, bolam bolitho essay.
The author examines the principle of the Bolam Test prevalent in England. The principle has been followed by the Courts of India. It has become a standard while deciding cases with regard to medical negligence. The author has mentioned some of the cases where the Supreme Court of India has followed the Bolam Test, bolam bolitho essay. The Bolam Test centers around the duty of care by a medical practitioner.
In there was a shift from Bolam test to Bolitho Test which was based on logical reasoning given by expert opinion. It is tested how far the Bolitho Bolam bolitho essay applicable to India. The ancient history reveals that there was legislation for medical malpractice. The medical practitioners were punished severely for the wrongs committed by them, bolam bolitho essay. The medical malpractice was considered as breach of contract which sifted to medical negligence which was a breach of duty conducted by a medical practitioner.
There were established laws to convict the medical practitioner, but claims were very rare. The code laid down nine laws relating to medical practice [1]. In 3 rd Century Roman law set Lex Aquilia, which is one of the earliest compensation legislations for negligence. It defined that compensation could be provided to the owners of property injured by another person.
The law preceded the foundation to medical negligence legislation in setting up a clarification from crime and stranded action in favour of compensation for a victim of negligent action [2].
In the 5 th Century BC, the history of ancient Greeks shows that doctors used to swear for ethical behavior during their medical practice which is known as Hippocratic Oath. Writings on medical responsibility can be traced back to BC when the Code of Hammurabi provided that. Under the Roman Law, bolam bolitho essay, medical malpractice was a recognized wrong.
Around AD Roman Law was expanded and introduced to Continental Europe. After Norman Conquest of English Common Law was developed, bolam bolitho essay. At the end of the 12 th Century during the reign of Richard Coeur de Lion ad, records provide medical malpractice decisions. One early medical bolam bolitho essay case of Bolam bolitho essay vs. In the year recorded medical malpractice case.
In case of Stratton vs. Swanlond [5]the 14 th century ancestor of the law of malpractice a woman claimed the surgeon for not able to cure her mangled hand, bolam bolitho essay. Though, the judge dismissed her case for procedural error, but set ground of rules for future cases for medical practice. Induring the reign of Charles Va law was passed that required the opinion of medical men to be taken formally in every case of violent death.
The law placed a condition for expert opinion to establish the standard of care applied by the medical practitioner [6].
In United Stated reported first medical malpractice case. The plaintiff claimed a doctor as his wife died for improper operation conducted by the doctor.
The plaintiff won the case and awarded 40 English Pounds as the doctor was negligent in conducting the operation leading to death of patient [7]. In American Medical Association was founded and is largest organization of physician. A resolution by Dr. During the period from to United States witnessed increase in medical malpractice cases.
Lawyers claimed that doctors did not use the proper skill, care or diligence while treating patients. In s Courts in America published standards of medical malpractice awards. During this period almost every State passed reform laws for medical malpractice. Accordingly, California passed laws to control amounts to certain types of damages.
In s the increasing medical malpractice case led to passing of legislation. In witnessed a case where an year-old girl was admitted to New York Hospital and treated by two residents. She died as her condition worsened due to negligent work of the doctors. Her father sued the doctor and won the case. Thereafter New York passed laws laying down the standards of work for nationwide reform [8].
In though the legislation helped increase safety for patients but doctors still make mistakes. Surgery cases are the leading cases for claims from impatient incidents. Earlier in the 19 th Century claims against medical practitioners were based on breach of contract rather the breach of duty of care towards a patient.
Breach of contract was effective for trading purposes but not for the medical practitioner. In the case of Donoghue vs. Stevenson [9]Mrs. Donoghue contracted with gastroenteritis from a ginger beer that had a decomposed snail floating in the bottle. The case was brought before House of Lords.
This case was a turning point in all personal injury case as the House of Lords established a clear difference between contractual relationships and negligence in essence; the manufacturer had a duty to ensure reasonable care and not to cause injury to their customer or anyone who were using their products, bolam bolitho essay.
This established a precedent for personal injury cases going forward into the modern day. The case of Bolam bolitho essay vs. Friern Hospital Committee [10]has set a precedent for the modern medical negligence or clinical negligence law.
This case highlightened the fact that why the evidence of medical experts is highly important. The Judge Mc Nair, L.
high-lightened that it was not for the judge to decide whether medical profession would decide a medical dispute and that medical profession would decide whether negligent treatment had occurred. Mc Nair, L, bolam bolitho essay. In the ordinary case which does not involve any special skill, negligence in law means this: some failure to do some act which a reasonable man in the circumstances would do, or the doing of some act which a reasonable man in the circumstances would do, or the doing of some act which a reasonable man in the circumstances bolam bolitho essay not do; and if that failure or the doing of that act results in injury, then there is a cause of action.
He is the ordinary man in the street… But where you get a situation which involves the use of some special skill or competence, then the test as to whether there has been negligence or not is not the test of the man on the top of a Clapham omnibus, because he has not got this man exercising and professing to have that special skill….
A man need not possess the highest expert skill at the risk of being found negligent. It is a well-established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art. At this point, juries were still being used for tort cases in England and Wales so it was up to the jury to decide if negligent treatment had occurred, bolam bolitho essay.
To prove medical negligence claim practitioner will depend on whether the treatment you receive was to a standard that could be reasonably expected. One must also prove that your injuries bolam bolitho essay not have occurred if it was not for negligence caused by a medical practitioner, bolam bolitho essay. In some cases, the injury was due to an illness being treated, bolam bolitho essay. The stage in which you will need to obtain a medical report from a medical expert stem directly from the Bolam vs.
Friern Hospital Management Committee Case [11]. This advises bolam bolitho essay treatment provided was without negligence. The Bolam Bolam bolitho essay still exists today and this is reflected in the need for medical witnesses to attest as to whether they think that negligent treatment has occurred using their professional knowledge and experience.
Like it or not, lawyers, doctors, and patients have all played leading roles in the history of medical negligence. Most countries have, eventually, arrived at a similarly confrontational and definitive legal process of dealing with medical negligence, usually some variant of tort in medical jurisprudence. Yet we know little of the social and historical process that has contributed to the development of medical malpractice and perhaps more importantly, bolam bolitho essay, what we define as medical negligence.
I BOLAM TEST FOLLOWED IN INDIA:. The principle used in Bolam Case has been taken into consideration in India for a long time. The Bolam test was applied in the case of Suresh Gupta Dr, bolam bolitho essay.
of NCT of Delhi [13]This raised a question whether a new test to be adopted by India to fulfill the requirements of stringent medical negligence laws to check the increasing medical negligence. In Jacob Mathew vs. State of Punjab [14]bolam bolitho essay, the Supreme Court of India examined what amounts to professional negligence, bolam bolitho essay. The Supreme Court observed as follows:.
Any task which is required to be performed with a special skill bolam bolitho essay generally be admitted or under taken to be performed only if the person possesses the requisite skill for performing that task. Any reasonable man entering into a profession which requires a particular level of learning to be called a professional of that branch, impliedly assures the person dealing with him that the skill which he bolam bolitho essay shall be exercised and exercised with reasonable degree of care and caution.
The Supreme Court further observed while dealing with professional negligence held liable for negligence when. II LIABILITY TEST:. Validating the Bolam test Indian Courts applied the same in all medical negligence litigation. The three requisites to be fulfilled for the test are as follows:. ii It must be proved that the defendant has not adopted that practice.
Medical Law - Bolitho v. City and Hackney Health Authority - Medical Negligence
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This essay will examine the effect of Bolam and address the question of whether its precedent represents a relic from a bygone era which no longer has a place in a modern legal system or whether it adequately serves society by striking a necessary balance between the medical profession and the patients to whose care they are entrusted Jul 07, · The Bolam Test enumerates that a medical practitioner is not liable if they have acted according to the responsible body of opinion. The Bolitho Test in comparison to Bolam Test has limited the scope of the test. It expressed that the body of opinion relied upon must satisfy Court on logical basis Jul 10, · Bolithos Essay Bolam And On. In , Lord Browne-Wilkinson, in Bolitho v City and Hackney HA, reaffirmed that. Where clinical negligence is claimed, a test used to determine the standard of care owed by professionals to those whom they serve, e.g. to a jury in Bolam vs Friern Hospital Management Committee. 10 The addendum requires the expert medical opinion to pass a threshold
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