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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 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 respectable, will need to be satisfied that, in forming their views, the experts have [...] on the matter

Answer
directed their minds to the question of comparative risks and benefits and have reached a defensible conclusion

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 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 respectable, will need to be satisfied that, in forming their views, the experts have [...] 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 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 respectable, will need to be satisfied that, in forming their views, the experts have [...] on the matter

Answer
directed their minds to the question of comparative risks and benefits and have reached a defensible conclusion
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ses 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 <span>directed their minds to the question of comparative risks and benefits and have reached a defensible conclusion on the matter <span><body><html>

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