the status and scope of the Bolam principle

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In order to assess the status and scope of the Bolam principle today it is necessary to consider the implications of the landmark decision by taking into account its application in subsequent case law. In Bolam v Friern Hospital Management Committee, an action was brought against the defendant health authority after the claimant alleged negligence when he sustained fractures to the skull following electro-convulsive therapy. The claimant alleged that the health authority was negligent in …

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…to ensure medical evidence stands up to analysis. This is important not only to safeguard the interests of victims, which the medical profession may overlook but also to ensure the adjudication function of the court is not restricted. In theory, therefore the Bolitho decision is significant, however, in practice, as illustrated by an analysis of subsequent cases the status and scope of Bolam is still significant but this can be explained by public policy requirements.