Bolitho V.City and Hackney Health.
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
BOLITHO V. CITY AND HACKNEY HEALTH The Bolam test has recently been modified by the findings in the case of Bolitho. 'Bolitho' is authority for the following: 1. The court should not accept a defence argument as being 'reasonable', 'respectable' or 'responsible' without first assessing whether such opinion is susceptible to logical analysis. Lord Browne-Wilkinson said: '...the court is not bound to hold that a defendant doctor escapes liability for negligent treatment or diagnosis just because he leads evidence from a number of medical experts who are genuinely of the opinion that the defendant's treatment or diagnosis accorded with sound medical practice. In the Bolam case itself, McNair J. stated [1957] 1 W.L.R. 583, 587, that the defendant had to have acted in accordance with the practice accepted as proper by a "responsible body of medical men." Later, at p.588, he referred to "a standard of practice recognised as proper by...

