the bolam test essay

Hence, the oral delivery of medical evidence was attributed undue weight alongside an uneasiness of following the American trend of sharp rises in litigation. Gerald Dworkin’s contributions to this area indicate that autonomy is the aspect of individuals that should thwart paternalistic intervention [15]. The highly dubious and academically contested area of the Bolam case lies in the reasoning applied to the second limb of the test. This has been particularly the case in relation to the sterilisation of those who are mentally handicapped. This essay includes the limitations in the Bolam test and examines the shift in the way the legal standard should be judged in medical litigation. Adopting ‘patient-centred’ care to unfold the ‘significant risks’ attached to patients would align with the evolving changes in medical law. what effect did it have on the patient (Griffith & On the other hand, he argues, as long as negligence is ‘concerned with what is done, with practice, it may be said to be a sociological concept’ [42] . Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital [1985] 1AC 871, Smith v Tunbridge Wells Health Authority (1994) 5 Med LR 334, 339, South Australian Asset Management Corp. v York Montague Ltd. (1996) 3 All ER 365, 371-2, Sutherlund H, Lockwood G, Till J. Furthermore the consultants failed to wait for the results of sputum tests and proceeded to carry out an operation. Though, in this case it could be asked could the patient have suffered It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide, This PDF is available to Subscribers Only. Prima facie, the Bolitho judgment implies that patient interests are not being neglected as it was affirmed that medical specialists cannot be free to adjudicate on their own matters. Since the profession is risky therefore the professionals should be more cautious while practicing medicine. In spite of the The fragility of this ‘sacred’ relationship and the accompanying risk factors pave the way for potentially serious claims to be generated. Many campaigners for the rights of mentally handicapped people have objected to parents seeking to have the child sterilised arguing that this is a violation of the right of the woman to reproduce. [1] Retrieved on:, [2] V.Kishan Rao v. Nikhil super speciality hospital (2010) 5 SCC 513, Retrieved on:, [3] Jacob Mathew v. State of Punjab (2005) 6 SCC 1, [4] Advance Medicare and Research institute v. Dr. Kunal Saha and ors CIVIL APPEAL NO. Drickamer and Lachs (1992)[30] made the point that doctors should consider the best interests of the patient in determining whether to disclose the prognosis of the illness to the patient.

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