Question: 'Discuss the different interpretations of 'the Bolam test' (see Bolam v Friern Hospital Management Committee [1957] 2 All ER 118). Critically evaluate the impact of the Bolam test in relation to key cases, particularly with reference to the Bolitho case (see Bolitho v City and Hackney Health Authority [1997] 4 All ER 771; or [1998] AC 232).
Answer: Throughout human history the amount of situations arising out of peoples careless or negligent acts is parallel and inevitably adjoined with man\'s development and evolution. This tragicomical realisation is addressed via the common law of negligence, the principles of which date back at an almost ancient time. The law of negligence is a well-established course of action and enjoys a dominant role in English litigation. As stated by Dillion L.J. \"It is now elementary that the law of negligence involves three factors; the duty of care, breach of that duty and consequent damage\" . In the medical field, due to the absence of a contractual relationship between doctors and patients, a duty of care is implied between a healthcare professional and his patient, except where private treatment i......(short extract)
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Details: - Mark: 64% | Course: Medical Law | Year: 2nd/3rd | Words: 1921 | References: No | Date written: Not available | Date submitted: October 20, 2008 | Coursework ID: 156
