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#clinical-negligence #negligence #tort
Question
Although it is accepted that the judiciary are reluctant to choose one medical body’s opinion over another, the case of Bolitho v. City and Hackney Health Authority [1997] 4 All ER 771, has modified the Bolam test to a degree. Bolitho was a clinical negligence case that reached the House of Lords. The central legal issue was whether or not non-intervention by a doctor caused the plaintiff’s injury. The speech by Lord Browne-Wilkinson, in the leading judgment, has potential implications for the way in which the Bolam test might be interpreted in the future. In giving judgment, Lord Browne- Wilkinson said:

The court has to be satisfied that the exponents of the body of opinion relied upon can [...]. In particular, in cases involving, as they so often do, the weighing of risks against benefits, the judge before accepting a body of opinion as being responsible, reasonable or respectable, will need to be satisfied that, in forming their views, the experts have directed their minds to the question of comparative risks and benefits and have reached a defensible conclusion on the matter

Answer
demonstrate that such opinion has a logical basis

Tags
#clinical-negligence #negligence #tort
Question
Although it is accepted that the judiciary are reluctant to choose one medical body’s opinion over another, the case of Bolitho v. City and Hackney Health Authority [1997] 4 All ER 771, has modified the Bolam test to a degree. Bolitho was a clinical negligence case that reached the House of Lords. The central legal issue was whether or not non-intervention by a doctor caused the plaintiff’s injury. The speech by Lord Browne-Wilkinson, in the leading judgment, has potential implications for the way in which the Bolam test might be interpreted in the future. In giving judgment, Lord Browne- Wilkinson said:

The court has to be satisfied that the exponents of the body of opinion relied upon can [...]. In particular, in cases involving, as they so often do, the weighing of risks against benefits, the judge before accepting a body of opinion as being responsible, reasonable or respectable, will need to be satisfied that, in forming their views, the experts have directed their minds to the question of comparative risks and benefits and have reached a defensible conclusion on the matter

Answer
?

Tags
#clinical-negligence #negligence #tort
Question
Although it is accepted that the judiciary are reluctant to choose one medical body’s opinion over another, the case of Bolitho v. City and Hackney Health Authority [1997] 4 All ER 771, has modified the Bolam test to a degree. Bolitho was a clinical negligence case that reached the House of Lords. The central legal issue was whether or not non-intervention by a doctor caused the plaintiff’s injury. The speech by Lord Browne-Wilkinson, in the leading judgment, has potential implications for the way in which the Bolam test might be interpreted in the future. In giving judgment, Lord Browne- Wilkinson said:

The court has to be satisfied that the exponents of the body of opinion relied upon can [...]. In particular, in cases involving, as they so often do, the weighing of risks against benefits, the judge before accepting a body of opinion as being responsible, reasonable or respectable, will need to be satisfied that, in forming their views, the experts have directed their minds to the question of comparative risks and benefits and have reached a defensible conclusion on the matter

Answer
demonstrate that such opinion has a logical basis
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tential implications for the way in which the Bolam test might be interpreted in the future. In giving judgment, Lord Browne- Wilkinson said: The court has to be satisfied that the exponents of the body of opinion relied upon can <span>demonstrate that such opinion has a logical basis. In particular, in cases involving, as they so often do, the weighing of risks against benefits, the judge before accepting a body of opinion as being responsible, reasonable or respect

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