Question: The case of Bolam v Friern Hospital Management Committee has been extended – needs to be restricted.
Discuss.
Answer: Historically, it is much harder to sue a doctor than would be the situation in a simple running-down case; a higher standard of proof is required . This statement would, perhaps, be more palatable if several factors contributed to it. However, Bolam v Friern Hospital Management Committee stands alone as its cause. The result is a “practitioner-oriented” medical law . In Bolam, McNair J articulated a bipartheid negligence test. The first element stated that the standard of care expected of doctors must meet “the standard of the ordinary skilled man exercising and professing to have that special skill” . The second element absolves the doctor of negligence “if he has acted in accordance with a practice accepted as proper by a responsible body of medical opinion skilled in th......(short extract)
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Details: - Mark: 71% | Course: Medical Law | Year: 2nd/3rd | Words: 2226 | References: Yes | Date written: Not available | Date submitted: September 29, 2008 | Coursework ID: 10
