In Bolam, the plaintiff, John Bolam, was a psychiatric patient suffering depressive illness. The test stated in the Bolam case was criticized roundly both in the United Kingdom itself and in other countries of the common law which have inherited the English legal system. 0 5 0 obj Affirming the demise of the antiquated Bolam-Bolitho test in relation to pre-treatment advice, this decision also adds Singapore to a growing list of countries which have embraced the concept of patient autonomy. "Whether the Bolam test or the test in the Australian case of Rogers v Whitaker [1993] 4 Med LR 79 in regard to the standard of care in medical negligence should apply, ... Development of Bolam test. The test is essentially a peer review of the doctor's behaviour - if others would have acted in a similar way, then the doctor is unlikely to have breached his duty of care. D��M��:@"� #C-H#m����� ND He agreed to undergo electro-convulsive therapy. <> '�H�q���V�)�*��$1�$�ub��bl2���uU&� f�^��ˢ��;Y � �\��c�ȳ����j:h�$c�@[P�=���7~)A�N��J� ����; x&E�=��#���O�_������l���Y�f*��&_5!߉R���b�ʇe�ԱpN~[�:�"��$�{����+Ɠ&���`�R�c���Pe���s빓:���`C�b.T���N܌B6��d���tC�~����������z��O�y�Fv�K��� �%3/ՒƜ%l�h����\�q_�u���8d�PS�u⢦��@�5הAO�-��G�e�. A short history of the Bolam test - a keystone of medical negligence law for 60 years. stream Search Australian census records for Bolam. The Bolam Test vs the test in Rogers v Whitaker However, in 1993, another case emerged from the Commonwealth, this time relating to the disclosure of risks. *��^[hI�����]?�”g�3�n��ԯ��m5aa��T&בMr(��$���IV�؅�F.ƒ����6-�ԩ���s�|�v��+����E����H"�7�2�+����۶#�L��y���W�H����&7`ďZc�+�*��-D0֫fZ����;b�!��[B ��i��ɭ��$S۾�{x:"l�6�n��1 p@;�\0��Y��]�D���]��X��{���fdC�ݹ�_�ɸ;��32�>baj��;.��� �Kp�nO�gh�V63S��;N the UK Supreme Court declared the Bolam test to be an outdated instance of medical paternalism. The recent Court of Appeal decision in Hii Chii Kok v Ooi Peng Jin London Lucien (“Hii Chii Kok”) has been a long time coming. Reading Time: 9 minutes Introduction. In other words, the Bolam test states that “If a doctor reaches the standard of a responsible body of medical opinion, he is not negligent”. Bolam test A test that arose from English tort law, which is used to assess medical negligence. Mr. Bolam, a voluntary …show more content… The doctor’s conduct was done within his professional care. %PDF-1.5 %���� It has been more than a decade since the modified Bolam test was legislatively enacted by the Australian States following the medical indemnity crisis. A potential benefit attained from Bolam is the lee weigh afforded to clinicians in experimenting with alternative treatment, which may have great bearing in the evolution of the discipline. Friern Hospital Management Committee (1957) . There is also a logical difficulty inherent in this exception to the Bolam test, as the High Court of Australia pointed out in Rogers v Whitaker (1992) 175 CLR 479, 486-487. In Rogers v Whitaker , the Australian courts rejected the notion that a doctor could not be found negligent in warning a patient so long as the doctor acted within the purview of common practice. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a responsible body of medical opinion, they are not negligent. It has been more than a decade since the modified Bolam test was legislatively enacted.by the Australian States following the medical indemnity crisis. 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