Bolam Test | Bolam V. Friern Hospital Committee

What is Bolam Test?

Bolam Test is the test with regard to the negligence of a doctor which was laid down in Bolam V. Friern hospital Committee Bolam Case (1957). This test is also accepted in India, whenever there is a case of medical negligence in India, this is the test which helps the court to identify whether the negligence was there in the act done by the doctor or not. This helps us to identify whether the doctor acted negligently or not? But this test is also criticized due to some reasons that we will discuss in detail.

Before we discuss what is Bolam test, it is important to discuss about the fact of the case of Bolam V. Friern Hospital, 1957.

Bolam V. Friern Hospital Management Committee:

Fact of the case:

Fact of the Case:

Plaintiff: Mr. John Hector Bolam.
Defendant: Friern Hospital Management Committee.
Incident: Mr. Bolam was a voluntary patient at Friern Hospital for the treatment of depression. As part of his treatment, he underwent electroconvulsive therapy (ECT).
Injury: During the ECT procedure, Mr. Bolam was not given muscle relaxants or physical restraints, which was a common practice among some practitioners at the time. As a result, he suffered a serious fracture to his pelvis.
Claim: Mr. Bolam claimed that the hospital was negligent in not using muscle relaxants or restraints during the ECT procedure.

Main Issue Invovled:

The main legal issue was whether the hospital was negligent in its treatment of Mr. Bolam, specifically regarding the use of muscle relaxants and restraints during the ECT procedure.

Judgment:

Court: Queen’s Bench Division.
Judge: McNair J.
Decision: The court held that the hospital was not negligent. The judge ruled that there was no breach of duty because the practice followed by the hospital was in line with a responsible body of medical opinion.
Reasoning: The judge applied the Bolam test, concluding that the hospital’s decision to perform the ECT without muscle relaxants or restraints was in accordance with a responsible body of medical opinion at the time, even though some practitioners might have used them.

The Bolam Test:

The case established the “Bolam test” for determining the standard of care in professional negligence. This test states that a medical professional is not guilty of negligence if they acted in accordance with a practice accepted as proper by a responsible body of medical professionals skilled in that particular art, even if there is a body of opinion that takes a contrary view.

Significance:

The Bolam case is crucial in medical negligence law as it set the precedent for determining the standard of care owed by professionals to their patients. The Bolam test has been widely applied in subsequent cases involving professional negligence, not just in medical law but also in other fields requiring professional expertise.

Summary:

In Bolam v. Friern Hospital Management Committee, the court found that the hospital was not negligent because the treatment provided was consistent with a practice accepted by a responsible body of medical professionals. This case established the Bolam test, which is used to assess whether a professional has met the standard of care required in their field.

Criticism

Lack of Judicial Scrutiny: By relying on what a “responsible body of medical opinion” deems acceptable, the courts often avoid critically evaluating the actual merits or efficacy of the medical practice in question.

Variation in Standards: Medical opinion can vary widely, which means that almost any practice can be justified if some qualified doctors support it. This leads to inconsistency in standards of care.

Expert Reliance: Reliance on expert testimony to determine what constitutes a “responsible body” of opinion can be problematic. Experts might be biased, and the adversarial nature of court proceedings can lead to “dueling experts” rather than a clear understanding of the standard of care.