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Properly considered clinical guidelines will similarly weigh the risks and benefits. Her two-year-old son had been admitted to hospital with … In his opinion delivered in the Bolitho case, Lord Browne-Wilkinson indicated that experts should direct their minds to the question of comparative risks 1. The evidence of the defendant’s experts was not sufficient to exonerate the screeners because it did not stand up to logical … “ logical analysis ... situation, 101 and cases are determined on case to case basis. This is the limited extent to which the courts will examine medical procedures. However, in case that approach was wrong, the judge justified his rejection of the defendant’s experts by applying the Bolam test in the light of the Bolitho qualification. The qualification added by the Bolitho case is the practice accepted by a responsible body of medical men must be logical. The judge accepted Sister Sallabank's version (which is the one I … The logic of Bolitho; Medical ethics of informed consent: a survey of medical professionals in Singapore; Proving causation – beyond the ‘but for’ test; Book Reviews; Index to Volume 22; Close section Vol.22 No.3. VL - 22. SP - 225. Richard Bolitho is a fictional Royal Navy officer who is the main character in a series of novels written by Douglas Reeman (using the pseudonym Alexander Kent). Patrick suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure. The Bolitho Test helped to clarify what was meant by “a responsible body,” defining it as one whose opinion had a “logical basis.” Combined together, the Bolam Test and the Bolitho Test make up the twin pillars of all assessments of medical negligence. However, whether it is viewed as a single Bolam/Bolitho test, a single but two-stage Bolam and then Bolitho test or two totally separate Bolam and Bolitho tests is really rather academic: the key take-home message is that, to be held non-negligent, a particular medical or surgical practice must be a logical one. The expert’s evidence therefore fell within the Bolitho exception (from the case of Bolitho v City and Hackney Health Authority [1996] 4 All ER 771). Professional negligence: duty of care methodology in the twenty first century; The future of immunity for expert witnesses 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. In this post Thea Wilson of 12 KBW considers the recent case of Williams v CWM Taf Local Health Board, in which the Court of Appeal gave further guidance regarding the heavy burden on claimants of satisfying the Bolitho test.. Cases such as this one demonstrate the reluctance of the courts to reject the principles established by Bolam. Richard Bolitho. Back to lecture outline on breach of duty in the law of negligence Bolitho merely necessitates that the judge consider medical evidence in a similar manner to other forms of expert evidence in cases concerning medical negligence. profession, would perhaps be unlikely to withstand logical scrutiny if that practice is contrary to a clear consensus emerging from the evidence base. In teaching the rudiments of the 1957 Bolam test as ‘reined’ in by the Bolitho principle, it is invariable for at least one student to ask “is it not obvious that explanations must make logical sense to the Court?” Which invariably raises the point in my mind, “The question should be: The Bolitho principle demands that Bolam oriented statements makes logical sense to whom? To operate on an ERD does not address the cause of the generation of fluid and carries substantial risks. In 1998 Lord Browne-Wilkinson challenged the authority of Bolam in the case of Bolitho v City and Hackney Health Authority [3]. T1 - The Logic of Bolitho. Whilst a layman may conclude that the doctors acted negligently, a Court is unable to ignore evidence from a professional that is capable of standing up to rational analysis. 10 The addendum requires the expert medical opinion to pass a threshold test of logic; it is met if the medical experts who gave testimony have compared the risks and benefits and come to a defensible conclusion that fulfils a threshold of logic and consistency. AU - Heywood, R. PY - 2006. Logical approach behind the ‘Bolam’ principle: analysis of subsequent cases Careful dissection of the ‘ Bolam ’ case does enable us to appreciate the logical approach in reaching a judicial decision that is justifiable, fair and reasonable rather than a very loose standard of medical care. Bolitho case law, Section III elucidates and categorises the factors that have indicated, expressly or impliedly, that the requisite logical basis for a defendant doctor's expert medical opinion was absent. The case came on for trial before Hutchinson J. EP - 235. When applying the Bolam test, the court must be satisfied that the expert body of professional opinion the defendant is relying on has a logical and defensible basis for approving of the defendant’s practice. The law defines this as a duty to provide care that conforms to the standard reasonably expected of a competent doctor. This was recognised in the classic direction of McNair J. to a jury in Bolam vs Friern Hospital Management Committee. The case Bolam v Friern Hospital Management Committee (1957) 1 WLR 583 established that if a doctor acts in accordance with a responsible body of medical opinion, he or she will not be negligent. In Bolitho v City and Hackney Health Authority, the House of Lords followed and applied the ‘ Bolam principle’. [78] Those findings are sufficient to determine this case in favour of the defendants. TY - JOUR. Then, in light of a close analysis of post- Bolitho case law, Section III elucidates and categorises the factors that have indicated, expressly or impliedly, that the requisite logical basis fora defendantdoctor’sexpertmedical opinionwas absent.The results of that … The court determined that it had to try the issue of the prescription of Nifedipine as a tocolytic drug by the standards of the time, and not by subsequent developments. Doctors owe a duty of care to their patient. 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