If the opinion were illogical, then the action would still be a breach of duty. Here we look at the application of clinical negligence law, the standard to be applied to clinicians, and how to prove what injury has been suffered as a result of alleged negligence. The claimantâs case concerned the delayed diagnosis of actinomycosis; a rare, infectious disease in which bacteria spreads from one part of the body to another through body tissues. Bolitho v City and Hackney Health Authority1 IN recent years, considerable criticism has been levelled at the test for determining the standard of care in negligence with respect to persons within the medical profession. Introduction In order to prove liability in Negligence, the claimant must show on the balance of probabilities that: the defendant owed a duty of care, breached that duty by failing to meet the standard of care required and as a result the claimant suffered ⦠Box 3: Negligence (including medical negligence) is a normative doctrine âWhat usually is done may be evidence of what ought to be done ⦠but what ought to be done is set by a fixed standard of reasonable prudence, whether it is complied with or not.â Author information: (1)Department of Palliative Medicine, Tan Tock Seng Hospital An understanding of this approach and of the shift from the traditional Bolam test is The question for the court was whether – regardless of Nifedipine subsequently being used in ordinary practice – the obstetrician had been negligent for being ahead of their time. PDF | On Oct 12, 2014, Yasin Hasan Balcioglu and others published Medical negligence and standart of care in English law: Bolam and Bolitho tests | ⦠It ultimately required surgical drainage and multiple surgical interventions; following which, microbiology evidence confirmed actinomyces. Over time, it can result in linked abscesses, pain and inflammation. Therefore she was not negligent. The claim was dismissed as causation must be proved to bring a claim in negligence and there was no causation here. 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. Duri⦠The Bolam test says that an action cannot be a breach of duty if it conforms with a reasonable body of professional opinion. Between May 2013 and February 2014 the claimant developed a left-sided psoas abscess containing gas and fluid. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation. The claimants argued that the doctors failed to take reasonable care by not attending to Bolitho after the call from the nurses. The House of Lords decision in Bolitho seems to be a departure from the old Bolam test established by the Queen's Bench Division in a 1957 case Bolam v. Friern Hospital Management Committee. What if they are not following a recognised practice, but time and advancements in treatment prove them right? 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 ⦠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. An essential component of an action in negligence against a doctor is proof that the doctor failed to provide the required standard of care under the circumstances. The Bolam principle. Strauss, DC & JM Thomas, âWhat does the Medical Profession mean by âStandard of Care?ââ [2009] 27 JCO 32. Only in "a rare case" would the courts find that the body of opinion is unreasonable. Is your business prepared for climate change? Bolitho brought an action in the tort of negligence against the defendant health authority. Start studying Negligence- Breach of duty. He was admitted into St Bartholomew's Hospital and was placed under the care of Dr Horn (the senior registrar) and Dr Rodger. That intubation is not a routine, risk-free process claimant developed a left-sided psoas abscess gas... Avoid negligence liability nursed by a special nurse on a young child as they must be anaesthetised and ventilated special! 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