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The Bolam Test of Negligence - Coursework Example

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The paper "The Bolam Test of Negligence" states that more fundamental shift away from negligence would support disclosure of troubles with explicit measures and the sharing of information within practices and hospitals, and conceivably more extensively regarding the expansion of new, better systems…
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The Bolam Test of Negligence
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Download file to see previous pages The realistic effect of the test is that a judge will heed substantiation from experts in the suitable speciality and should decide whether the measures of the doctor/midwife/nurse etc. were appropriate. Frequently there are numerous acceptable ways of doing somewhat and conformity with any of these will mean that there was no breach of duty of care. Logically experts frequently disagree over these matters and the judge should decide whose substantiation is to be favored.
Professional men and women are administrated by the standard of care of a normal person of their profession or specialism: the test is the standard of the normal skilled man exercising and admitting to having that special skill. An expansion of this is the so-called Bolam test, by virtue of which an expert person is vindicated if he can show that his practice accorded with a considerable and respectable body of opinion in his field. Thus, he is not accountable for negligence if he has acted in agreement with a practice established as proper by an accountable body of medical men skilled in that particular art. Conversely, putting it the other way round, a man is not negligent if he is acting in agreement with such a practice, just because there is a body of opinion who would take differing views. The particulars of Bolam exemplify this: medical opinion at the time was alienated on the practice of managing electro-convulsive therapy devoid of physically restrictive the patient, and proof suggested that there were risks either way.
A significant aspect of the Bolam test is that the court will not anticipate the defendant to have projected future developments in facts or practice: he will be judged by the state of understanding of the normal professional at the time of the supposed tort. This was illustrated in Roe v. Ministry of Health. Every one of the plaintiffs was paralyzed while a polluted anaesthetic was managed to them in the course of an operation. ...Download file to see next pagesRead More
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