What is Bolitho Test? What is the role of Bolitho test in Medical Negligence Case?
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- Опубликовано: 14 июл 2024
- What is Bolitho Test? What is the role of Bolitho test in Medical Negligence Case? Bolitho v. City and Hackney Health Authority
Patrick Bolitho test has been accepted in India. Bolitho test says that "A doctor will be liable for negligence in respect of diagnosis and treatment in spite of a body of professional opinion approving his conduct where it has not been established to the court's satisfaction that such opinion relied on is reasonable or responsible. If it can be demonstrated that the professional opinion is not capable of withstanding the logical analysis, the court would be entitled to hold that the body of opinion is not reasonable or responsible”
Thank you mate that was clear and useful. Good job.
Thank you very much for your positive feedback
Thank you for this video. It was well explained
Thank you sir for a vivid clarification on Bolitho test
Welcome
Great u are sir from Sri lanka
Thank you very much for your feedback. I am from India
@@SureshBadaMath it's a previlage to have ur reply sir....respect
Nice
Thank you for the feedback
Very well explained, sir. Could you please let me know if the Bolitho test ultimately determined whether or not those doctors were negligent? i.e., not on schedule. If you say that the doctors held negligent, please send me the URL so I can access the ruling.
In Bolitho case doctor was not held responsible
But
Bolitho test was introduced
Please find the case ruling
www.bailii.org/uk/cases/UKHL/1997/46.html
@@SureshBadaMath Thank you Sir
Thank you sir for the video. If the doctor had come, even if the child recovered and documented event and plan, would the court have decided in the same way as this?
No damage means no compensation or punishment
@@SureshBadaMath Thank you sir. I see the chronology of events as
Problem- call- spontaneous remission- no visit or documentation
Problem- call- spontaneous remission- no visit or documentation
Problem- Death
However if the scenario had been
Problem- call- spontaneous remission- visit + documentation of no intervention
Problem- call- spontaneous remission- visit + documentation of no intervention
Problem-death
Would the judge have decided in the same manner?
If there is death and not attended the case, Bolitho test will be applied
If there is death and doctor had visited. He had given reasonable (standard) care - bolam test will be applied
@@SureshBadaMath Thanks for clarity sir
Even in Bolam test there was a difference of opinion by professionals
So can it be said that the difference in the judgement is due to the change in time and their decisions backed by logic?
There may be two ways of managing an illness. If doctor follows one of the two, then he is not negligent. That is Bolam test.