#cases #clinical-negligence #negligence #tort

Bolam v Friern Hospital Management Committee [1957] 1 WLR 582

Facts: The plaintiff consented to and underwent electroconvulsive therapy as treatment for his mental illness. As a result he suffered severe injuries, including a fractured hip, and sued the defendants in negligence. He claimed that he should have been warned of the risk of injury, relaxant drugs should have been administered and he should have been physically restrained to eliminate that risk. At the time, medical opinion on these matters was divided. The court held that it is sufficient (in other words, there will be no breach of duty) if a skill is found to have been exercised in accordance with accepted practice by a 'responsible body of medical opinion' skilled in that particular art. On the facts, the court held that the defendants were not liable as they had conformed to a practice that was approved by a responsible body of medical opinion.