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The Bolam Test Explained
If you’re wondering how the Bolam test might affect your claim for medical negligence then JF Law’s expert No Win No Fee solicitors can help.
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The Bolam Test Explained
If you’re wondering how the Bolam test might affect your claim for medical negligence then JF Law’s expert No Win No Fee solicitors can help.
AS SEEN ON
The Bolam test is a key aspect of the medical negligence claims process, serving as a legal standard for assessing whether a healthcare provider, such as a doctor or a midwife, was negligent in their actions. It involves a responsible body of medical professionals in a relevant field reviewing the care provided to determine whether it aligned with their expected standards. This is used by the courts to inform their evaluation of whether the medical practitioner was competent and reasonable, reflecting the professional’s expertise and the available medical knowledge.
Of course, this test can have clear effects on the claims process as it ensures that cases are assessed through peer-reviewed systems. Medical negligence is defined as a failure to meet the correct standard of care that causes avoidable harm to a patient. Which is to say, any harm that would not have occurred had this failure not taken place. So if you believe you have experienced medical negligence and want to know what our solicitors can do for you, you can learn more further down the page. Whether it’s helping you to gather the necessary evidence, determining compensation figures or explaining all the tricky legal language, a JF Law solicitor is by your side from start to finish.
Reach out to us today using the contact details provided here:
- Call us on 0151 375 9916.
- Contact us by completing this form.
What Is The Bolam Test?
The Bolam test is essentially a peer-review legal standard, involving a responsible panel of medical professionals in the relevant field who examine the care a patient has received. This body of medical opinion will assess your diagnosis, time in hospital, and treatment to determine whether professional standards of care were met. As medicine is a very broad field, the Bolam test considers whether the care provided by the practitioner was competent and reasonable, as expected of their experience level and the medical knowledge available at the time.
The test itself has its origins back to a 1957 High Court case, Bolam v Friern Hospital Management Committee. The claimant, one Mr Bolam, was scheduled to undergo electroconvulsive therapy (ECT). However, he alleged that doctors were negligent for the following reasons:
- He was not provided with any muscle relaxants.
- He had not been suitably restrained.
- He was not warned sufficiently about the risks of ECT.
Because of these errors, Mr Bolam suffered extensive fractures of his pelvis. Despite this, the court ruled that since it was not standard practice to provide muscle relaxants, the doctors had not been negligent.
The Bolam test was born out of this judgment: what would medical professionals in the same field have done in this scenario? In short, it established the legal standard that a healthcare provider may not be considered negligent if their actions are supported by a responsible body of relevant medical opinion.
Further information on the Bolam test is available from JF Law’s dedicated advice team. Talk to us today using the contact information given below.
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When Does The Bolam Test Apply In Healthcare Cases?
The Bolam test applies in UK healthcare cases involving clinical decisions, diagnoses, and treatments as a legal standard for determining whether the care provided by a medical professional meets the standard expected in their field. Depending on the particular facts of the medical negligence case, doctors, surgeons, anaesthetists, or others in the relevant field will review what occurred to determine whether or not the provider’s actions were reasonable and competent under the circumstances.
The key consideration in the Bolam test is whether this body of medical opinion with comparable skills and experience would have acted the same way. In accordance with the Bolitho test, which is often used alongside the Bolam test, this peer opinion must be defensible and have a clear logical basis to withstand judicial scrutiny.
Our team is available 24/7, so please get in touch for any questions you have about this test and how it might be applied to your case.
Will A Medical Negligence Claim Always Consider The Bolam Test?
No, a medical negligence claim will not always consider the Bolam test, as its use depends on the specific circumstances of the case rather than at the discretion of a judge or a solicitor. Owing to Montgomery v Lanarkshire Health Board [2015], this test does not apply in cases involving matters of consent or whether there was sufficient disclosure about material risks.
In clinical treatment or diagnostic cases, the Bolam test remains the legal standard for assessing the standard of care provided by a healthcare professional. This makes expert medical opinion a central part of the legal process for determining whether or not a practitioner has acted negligently.
You can learn more about how the Bolam test is considered by speaking to one of our helpful advisors today.
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What Is The Bolitho Case And How Does It Impact The Bolam Test?
The Bolitho case is a UK ruling that impacts the Bolam test by allowing the courts to reject expert medical opinion if it is considered irrational and lacks a clear logical basis. In Bolitho v City and Hackney Health Authority [1997], a child was brought to hospital with abnormal breathing, and a doctor was called to provide urgent treatment. However, because the doctor’s pager was out of battery at the time, they never received the summons. The child consequently died.
During the trial, the doctor testified that even if they had attended to the patient, they would not have intubated, and other medical experts agreed this would have been the appropriate standard of care. The House of Lords ruled that any acceptance of medical practice as proper must be on both defensible and logical grounds. In this case, it was determined that the hypothetical decision not to intubate the child was not illogical, meaning no breach was committed.
This created an additional nuance to the Bolam test: namely, that the findings of medical opinion must be logically defensible. It means that a healthcare provider cannot be absolved of liability simply because a body of peers would have acted in the same way. Rather, the courts must be satisfied that expert medical opinion is rational and supported by a clear, logical basis.
If you have any questions about the Bolitho case or the Bolam test, our advisors are happy to provide clarity with straightforward answers.
How Can JF Law Help Me With A Medical Negligence Claim?
JF Law and our diligent team of solicitors can help with a medical negligence claim by offering a range of tailored support services. If you have experienced avoidable harm due to a breach of medical standards, we are here to assist you, making the process of claiming compensation as straightforward as possible.
Here are just some of the services we provide to claimants:
- We know that relying on medical professionals after experiencing negligence can be very tough for claimants. So, we are able to recommend trusted specialists to get you the care and rehabilitation you may require.
- Our solicitors assist with collecting supporting evidence, including interviewing witnesses and documentation relevant to the Bolam test.
- Getting to grips with all the technical legal terms, such as the Bolam test, can be a challenge, so our solicitors will explain exactly what is happening with your claim and keep you informed of its progress.
- JF Law will meet with your healthcare provider’s solicitors and negotiate a settlement on your behalf.
- In the very unlikely event your claim needs to go to court, JF Law’s expert solicitors will instruct a highly experienced medical law barrister to present the case.
All of our services are available on No Win No Fee terms via a Conditional Fee Agreement (CFA). This simply means that your solicitor will not charge for their work before the claim begins, nor during the legal process itself. You will also not pay these service fees if your legal representation does not secure medical negligence compensation.
In successful cases, our solicitors do take a legally capped percentage of the compensation. This is their success fee, but the cap means the majority of the compensation always goes to our clients.
Contact Our Solicitors To Begin A Claim
Our advisory is on hand 24 hours a day to provide additional advice and assess your eligibility free of charge. If eligible, you’ll be connected with a dedicated medical negligence solicitor, specifically chosen to meet your needs.
Talk to our team today, you can:
- Call us on 0151 375 9916.
- Contact us by completing this form.
More Information
You can read some additional medical negligence claims guides here:
- Find out about making a cancer misdiagnosis claim.
- Our guide on hospital negligence claims offers detailed information on suing hospitals for breaches of medical standards.
- Learn how to claim for a loss of amenity if medical negligence has reduced your quality of life.
We have also provided these external resources for further information:
- Read about the work of NHS Resolution.
- If you are required to be off work due to avoidable harm experienced, you could be entitled to Statutory Sick Pay (SSP). Find out more with this government guidance.
- Learn all you need to know regarding feedback and complaints about NHS services from NHS England.
Thank you for taking the time to read our guide on the Bolam test.
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