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”

Комментарии • 23

  • @andrewmacphie8069
    @andrewmacphie8069 2 года назад +3

    Thank you mate that was clear and useful. Good job.

    • @SureshBadaMath
      @SureshBadaMath  2 года назад

      Thank you very much for your positive feedback

  • @fitcircus
    @fitcircus Год назад +1

    Thank you for this video. It was well explained

  • @pavankumar-dr7eq
    @pavankumar-dr7eq Год назад +1

    Thank you sir for a vivid clarification on Bolitho test

  • @rathuboththamaredbutton3873
    @rathuboththamaredbutton3873 2 года назад +1

    Great u are sir from Sri lanka

  • @vinodpawar4641
    @vinodpawar4641 Год назад +1

    Nice

  • @leenus.ladvocate1393
    @leenus.ladvocate1393 8 месяцев назад +1

    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.

    • @SureshBadaMath
      @SureshBadaMath  8 месяцев назад +1

      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

    • @leenus.ladvocate1393
      @leenus.ladvocate1393 8 месяцев назад

      @@SureshBadaMath Thank you Sir

  • @DheerajKattula
    @DheerajKattula 3 года назад

    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?

    • @SureshBadaMath
      @SureshBadaMath  3 года назад

      No damage means no compensation or punishment

    • @DheerajKattula
      @DheerajKattula 3 года назад

      @@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?

    • @SureshBadaMath
      @SureshBadaMath  3 года назад +1

      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

    • @DheerajKattula
      @DheerajKattula 3 года назад

      @@SureshBadaMath Thanks for clarity sir

  • @sharanyamanjunath8710
    @sharanyamanjunath8710 9 месяцев назад +1

    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?

    • @SureshBadaMath
      @SureshBadaMath  9 месяцев назад +1

      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.