① Bolam V Friern Hospital Management Committee

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Bolam V Friern Hospital Management Committee



This is where the Bolam bolam v friern hospital management committee is relevant, because falling below the standard of a responsible body of medical men means bolam v friern hospital management committee person will be considered negligent. According to the GMCthis includes:. Medical negligence is where a healthcare provider has administered a bolam v friern hospital management committee of care that is below the standard expected of the profession. Law portal. Wrongful birth is a legal cause of action in some bolam v friern hospital management committee law bolam v friern hospital management committee in which bolam v friern hospital management committee parents of a congenitally diseased child claim that their doctor failed to properly warn of their risk of bolam v friern hospital management committee or giving birth to Religion In Dostoyevskys Crime And P child Essay On The Yellow Wallflower bolam v friern hospital management committee genetic or congenital abnormalities. Will I have to pay tax on my injury compensation award?

Medical Law - Medical Negligence and Bolam Test - Tort Law

If this is the case, you can call our team. They can provide further clarification on anything you may be unsure of. Please get in touch on the details below:. We will explore how this case brought about the Bolam test, which is a tool used to help to determine medical negligence. This guide will explore the evidence you could gather when preparing to submit your claim. You may be wondering how much compensation you could claim in damages for the harm you have suffered. Alternatively, continue reading for more information.

In medical negligence claims, the Bolam test is where a panel of medical professionals present their opinion on whether one of their peers acted within the standard of their profession. The panel is made up of healthcare providers who are trained in a similar field and who have knowledge on the appropriate standard of care required. Within the Bolam test, the correct standard of care is a matter of medical judgement. For that reason, medical professionals within a similar field to the defendant doctor or healthcare professional will be called upon.

They look at a case and confirm whether the level of care administered was of an acceptable standard. If they find that the defendant doctor provided the right level of care, then no negligence will be said to have occurred. The patient voluntarily underwent electro-conclusive therapy ECT. The patient suffered serious injuries, including a fractured hip joint, for which he claimed compensation.

He claimed negligence for not being:. However, the decision was in favour of the hospital, as the Court found the doctor had followed normal practice. The normal practice did not involve giving patients muscle relaxants or providing restraints. Therefore, the Court held that he provided the correct standard of care in relation to that form of treatment. Every healthcare professional owes their patients the correct standard of care. They should also be open and honest when dealing with patients regarding their treatments.

The following sections will look at these responsibilities in more detail. In accordance with the General Medical Council GMC , doctors are required to provide the correct standard of care to all of their patients. This includes things like:. In addition to providing the correct standard of care, medical professionals should act with candour when dealing with their patients. According to the GMC , this includes:. If you would like to know more about the responsibilities that a healthcare provider owes to you, why not speak to a member of our team today? One of our advisors could offer you a free, no-obligation valuation of your claim. There are some instances where a doctor could cause you additional harm while adhering to the standards of their profession.

For instance, you may go to the hospital with a badly crushed and broken arm. The injuries to the arm mean that it must be amputated. Cases of medical negligence involve a doctor directly causing you harm or your condition to worsen. If the correct standard of care could have avoided the harm or worsening of your condition had they provided you with the correct standard of care, then this is an example of medical negligence. It can be difficult for people outside the medical profession to determine whether a certain action breached the duty of care or not.

This case involved a woman who was offered surgery for back and neck pain. She underwent the procedure and suffered paralysis. However, the judge ruled in favour of the doctor after applying the Bolam test. It provided expert evidence from a responsible body of neurosurgeons that not disclosing risks with a percentage this low was normal practice. An argument was made for informed consent but was rejected on the basis that the Bolam test should always be applied when considering whether a doctor was negligent. The judge ruled that medical negligence should be decided based on expert medical evidence from a panel of medical professionals in the same field.

In the next section, we will look in greater detail at the role played by informed consent in medical negligence cases that use the Bolam test. Informed consent says that a person must be given all of the information about what their treatment involves. This includes:. Because of the existence of factors like those listed above, it may be difficult for healthcare providers to obtain informed consent from their patients in all circumstances. She had diabetes and a small body frame and was due to give birth to a large baby.

She gave birth vaginally but experienced complications caused by shoulder dystocia. This resulted in cerebral palsy. She stated that if she had known, she would have opted for a cesarean section. The judge ruled in her favour on the basis that doctors should tell patients what they want to know rather than what they think the patient should know. There have been a few cases involving misdiagnosis or delayed diagnosis where the Bolam test has been found to have limitations. He was not given any muscle relaxant , and his body was not restrained during the procedure. He flailed about violently before the procedure was stopped, and he suffered some serious injuries, including fractures of the acetabula. He sued the Committee for compensation. He argued they were negligent for 1 not issuing relaxants 2 not restraining him 3 not warning him about the risks involved.

It is important to note that at this time juries were still being used for tort cases in England and Wales, so the judge's role would be to sum up the law and then leave it for the jury to hold the defendant liable or not. McNair J at the first instance noted that expert witnesses had confirmed, much medical opinion was opposed to the use of relaxant drugs, and that manual restraints could sometimes increase the risk of fracture. Moreover, it was the common practice of the profession to not warn patients of the risk of treatment when it is small unless they are asked. He held that what was common practice in a particular profession was highly relevant to the standard of care required. A person falls below the appropriate standard, and is negligent, if he fails to do what a reasonable person would in the circumstances.

But when a person professes to have professional skills, as doctors do, the standard of care must be higher. I do not think there is much difference in sense. It is just a different way of expressing the same thought. Putting it the other way round, a man is not negligent, if he is acting in accordance with such a practice, merely because there is a body of opinion who would take a contrary view. At the same time, that does not mean that a medical man can obstinately and pig-headedly carry on with some old technique if it has been proved to be contrary to what is really substantially the whole of informed medical opinion.

Otherwise you might get men today saying: "I do not believe in anaesthetics. I do not believe in antiseptics. I am going to continue to do my surgery in the way it was done in the eighteenth century. In this case, the jury delivered a verdict in favour of the defendant hospital. Given the general medical opinions about what was acceptable electro-shock practice, they had not been negligent in the way they carried out the treatment. That passage is quoted very frequently, and has served as the basic rule for professional negligence over the last fifty years. It is important to remember that the "Bolam test" is just one stage in the fourfold test to determine negligence. First, it must be established that there is a duty of care between a doctor and patient this can be taken for granted.

Thus, the claimant was brain damaged and that damage was caused by what the doctor did, but the doctor was not bolam v friern hospital management committee Summary Of Jose Antonio Burciagos La Puerta fault. Format of a Plaint in a Civil Bolam v friern hospital management committee the time, assertiveness in nursing was not the usual practice to give patients muscle relaxation. Download as PDF Printable version. But when a person professes to bolam v friern hospital management committee professional skills, as doctors do, the standard of care must be bolam v friern hospital management committee. This is bolam v friern hospital management committee the Romantic Comedy Films test is relevant, because falling below the genetic screening pros and cons of a responsible body of medical men means that person will be considered negligent.

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