Is it time to say bye-bye Bolam in medical law?

In the years preceding the landmark case of Bolam (), a significant proliferation of negligence claims within the medical domain left the profession in a state of fragility.The medical province was however, able to find sanctuary under the aegis of an English court room where judges had developed a vehement and preservative attitude towards this universally revered vocation.

Bolitho merely necessitates that the judge consider medical evidence in a similar manner to other forms of expert evidence in cases concerning medical negligence. While this could strengthen the position of patients, it could on the other hand be argued, that judges do not possess the medical knowledge and experience required to effectively scrutinise medical opinion.

Legal standard of care: a shift from the traditional Bolam.

Reading Time: 9 minutes Introduction. The recent Court of Appeal decision in Hii Chii Kok v Ooi Peng Jin London Lucien (“Hii Chii Kok”) has been a long time coming. Affirming the demise of the antiquated Bolam-Bolitho test in relation to pre-treatment advice, this decision also adds Singapore to a growing list of countries which have embraced the concept of patient autonomy.From Bolam-Bolitho to Modified-Montgomery - A Paradigm Shift in the Legal Standard of Determining Medical Negligence in Singapore. Neo HY(1). Author information: (1)Department of Palliative Medicine, Tan Tock Seng Hospital, Singapore.In medical law, the “standard of care” is determined as per the “Bolam test” that was set in the case of “Bolam v. Friern Hospital Management Committee”. In medical proceedings, the main issue that takes place is whether the doctor has used the “standard of care” that is obligatory by law.


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Bolam v Friern Hospital Management Committee (1957) 1 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. 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.

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Bolitho v. City and Hackney Health Authority (1996) 4 All ER 771 is an important English tort law case, on the standard of care required by medical specialists. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation.

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Essay On Bolam And Bolitho, crm marketing loyalty services group atlanta, help writing a great query letter, cardiff university phd creative writing apply 1 2 3 We should discourage immigration into the U.S because it damages the economy.

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In the Bolitho case the defending doctor was acquitted both at the original trial, in the Court of Appeal, and finally in the House of Lords. 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.

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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. In Bolitho v City and Hackney Health Authority, 1997, Lord Browne-Wilkinson restricted the boundaries of Bolam, stating.

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This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Is it time to say bye-bye Bolam in.

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The Bolam test is a test that can be carried out to ascertain whether a doctor or other medical professional has breached their duty of care to a patient. All medical professionals have a duty of care towards patients in so much as they must do what they can to keep them safe from harm.

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Where clinical negligence is claimed, a test used to determine the standard of care owed by professionals to those whom they serve, e.g. the standards of care provided to patients by doctors. 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.

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