What is the Bolitho principle?

The Bolitho test Put simply, it states that the defence could not be considered reasonable if the body of doctors or supporting witnesses were not capable of withstanding logical analysis.

What is the Bolam test in law?

In other words, the Bolam test states that “If a doctor reaches the standard of a responsible body of medical opinion, he is not negligent”. Mr Bolam was a voluntary patient at mental health institution run by the Friern Hospital Management Committee.

What is the Bolitho gloss?

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.

Did Montgomery overrule Bolam?

Judgment in the appeal case of Montgomery v Lanarkshire Health Board (Scotland) [2015] was handed down by the Supreme Court last week. It is now very clear following Montgomery that the Bolam test does not apply in consent cases. …

How is the Bolitho case related to the Bolam case?

Firstly, the facts of the Bolamcase will be outlined, and the importance of the precedent it established will be examined through an analysis of subsequent clinical negligence case law. The problems inherent within the Bolamliability test will then be considered to contextualise the judgement in the Bolithocase.

Where can I get a Bolam and Bolitho test?

Two such methods are the Bolam and Bolitho tests. Call or Email Us Now for Your FREE Specialist Medical Negligence Advice – free phone advice and a free first appointment. Call FREEPHONE 0800 1404544 The Bolam test was first recognised in the case of Bolam vs Friern Hospital Management Committee.

When to use the Bolam test in medical litigation?

The Bolam test has been justifiably applied to cases of medical litigation involving diagnosis2and treatment.5However, is this the correct test for information dis- closure to patients, or for all matters pertaining to medical inter- vention in persons unable to give valid consent?

Who is an expert witness in the Bolam case?

In this article Antony Visocchi, dental surgeon and expert witness, discusses the definition of clinical negligence, explaining the significance of the Bolam Test and the subsequent case law that now provides the framework for clinical negligence litigation. Mr Visocchi is currently studying for a postgraduate law degree in Medical Law and Ethics.