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> Thank you Adrian for providing the link - a very interesting read that I
would
> recommend for all Healthcare Professionals. However, the previous list
comments
> that "The Bolam Test is now superceded" are inaccurate. The Bolam Test was
referred
> to and discussed by the plaintiff and the judge both in the original
trial,
> and again by the Law Lords. The conclusions in summary by the Lords are,
as
> I see it, as follows.
Yes Marten, perhaps supersede is a tad too strong, but I did go on to say
that Bolitho represented a modification of Bolam.
> The Bolam Test is still appropriate, i.e. if the (defendant) doctor acts
in
> according with a respected/responsible/recognised body of medical opinion
then
> (s)he is not negligent.
> If that body of opinion is, in the opinion of the judge, not sensible or
appropriate,
> or outdated, then the court should find in favour of the plaintiff.
And this is the crucial difference with Bolitho: the Court can now disregard
a body of medical opinion that it feels is illogical, which it previously
would have had difficulty doing under Bolam alone.
Adrian Fogarty
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