Is it time to say bye-bye Bolam in medical law?

SECTION 1 INTRODUCTION 20.1.1 In the more than eighty years since its inception as a distinct cause of action in Donoghue v Stevenson (1932) AC 562 (Donoghue), negligence has developed to become the pre-eminent tort, eclipsing older actions such as trespass, nuisance and breach of statutory duty. 20.1.2 The law of negligence in Singapore is based largely on English law, although there are.

The case of Bolam, mentioned above, was the first case to set the standard of care in medical law. This case rises to the Bolam Test, in which “ A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art.

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The issue of consent is one of the most of import in medical law in modern times ( 1 ) .Inter alia, there are inquiries and gray countries as to different grades or changing qualities of consent and uncertainnesss and fluctuations as to what valid consent requires in a assortment of differing contexts.( 2 ) In the undermentioned work a critical analysis is presented as to the extent to which.

In Bolitho v City of Hackney Health Authority 34 Lord Brown-Wilkinson provided a clarification of the Bolam test. The House of Lords stated that it must also be demonstrated that the course of treatment adopted by the practitioner was both logical and defensible.

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