Define breach of standard of care8/3/2023 ![]() Bolam was a psychiatric patient with depression who voluntarily underwent electroconvulsive therapy (ECT) at the defendant hospital. ![]() This is the benchmark for determining failure in duty of care and relates to a High Court case from 1957. What is the Bolam Test for clinical negligence? There are two tests which have become the twin pillars of all assessments of clinical negligence: the Bolam and Bolitho tests. Overall, a medical professional has a duty of care to ensure all steps are taken to protect a patient’s health. Make any necessary referrals to specialists.Make a differential diagnosis and document it.Investigate symptoms or complaints properly.Therefore, a newly qualified doctor, for example, would be expected to perform at the same reasonable standard as someone who has worked in the same role for decades.ĭuty of care could include taking reasonable care to: It is not affected by personal attributes such as level of experience. ![]() The reasonable standard is judged against an ordinarily competent practitioner performing the same task or role. But it is the word ‘reasonable’ that comes as a surprise to most clinical negligence claimants, and where claims for clinical negligence can become highly contentious and difficult to determine. Without this, a clinical negligence claim cannot proceed.Īll healthcare professionals have a legal obligation to adhere to standards of reasonable care while performing acts that could harm others. When investigating a clinical negligence claim, your solicitor will first need to prove that the medical professional(s) involved breached their duty of care. If a role assumes responsibility over a patient’s care, whether that’s a consultant, GP, nurse, or healthcare assistant, then they will have a duty of care. The first point is usually straight-forward enough to prove as most clinical negligence claims are made against healthcare professionals who owe all patients a duty of care. The breach of duty of care resulted in physical or psychological harm/injury.Three elements must be proven by a claimant’s clinical negligence solicitor: Neither is it enough for the defendant to admit they made a mistake. But it is not just as simple as having your word that something went wrong with your care.
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