The Bolam Test of Negligence - Coursework Example

Common law and statutory provisions have struggled with blame assignment and contributory negligence issues until it is impossible to identify a consistent set of guidelines.... (Donoghue v Steveson [1932] p 567) This case was a turning point in the compensation culture in Great Britain because the doctrine of propriety estoppel arose to bar an action in negligence in the absence of a contract between the complainant and the defendant or in the absence of a statutory duty of care....

The learned judge had, through the decision, in this case, established, perhaps unwittingly, a new precedent in English House of Lords case history, which came down the years to be named and referred as the bolam test.... This pervading influence of the bolam test has been felt in several cases, and it was only after Justice Wilkinson gave his famous ruling in the Bolitho case in 1997, that the onus of negligence and its premises shifted from the legal premises of medical testimonials and evidence to the basis of application of reasonableness, sound judgment, pragmatism and critical analysis of facts of the case....

In determining whether or not there was a breach of the duty and standard of care, the bolam test is applied.... In ascertaining whether or not Doctor Greene, acting on behalf of and on the authority of the hospital complied with the bolam standard of care, the court will look to the circumstances in which the treatment was administered and the attending physician's post or position.... Liability for damages in medical negligence arises out of the fact that medical professionals are deemed ready, willing and able to provide medical treatment and advice and by implication are bound to have the necessary skill and knowledge of a reasonable medical professional....

For instance, providing the ergonomic chair in his office and other refurbishments which were being… The causal factor for Lester's injury however, appears to have been the wetness on the floor which led to him slipping, because there were no cautionary signs posted The major issue which arises is therefore, negligence on the part of Kowloon Bank and whether they had a duty of care towards Lester and their employees.... The prevailing standard for medical negligence has been established in the case of Bolam5, i....

According to the bolam test, a doctor will not be in breach of his duty of care if he has acted in a manner that is supported by a majority of medical opinion on the basis of what is in the best interests of the patient.... This paper outlines a duty of care, negligence of the doctor, crimes, position of the doctor and Court approach.... A duty of care is owed by doctors to their patients, and negligence may be established even in cases where there is an omission....

 … Generall, the court's approach to the standard of care in medical negligence cases differs to other negligence cases and the bolam test defined the standard of care as being “of the ordinary skilled man exercising and professing to have that special skill, a man need not possess the highest expert skill ”.... The leading decision setting out the standard of care threshold in determining medical negligence was propounded in the case of Bolam v Friern HMC9which established the infamous “Bolam Test”, where “a doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art”10....

This report "Tort of negligence" examines the case of Castle Cricket Club and whether it can sue Brunel under the tort of negligence, a tort that awards damages for a breach of duty owed by the defendant to the plaintiff resulting in damage to the plaintiff undesired by the defendant.... nbsp;… The cricket club could sue Brunel under the tort of negligence.... There was no set rule defining what negligence was....

he tort of negligence is established when it can be proven that there is an existence of a duty of care between the two parties who are the defendant and the plaintiff.... There are some examples of tort law which include; negligence, intentional torts, and nuisance.... negligence is the most common type of tort where the behavior of an individual poses an unreasonable risk to people or property.... Finally, negligence is proven if due to the defendant's breach, there was loss or injury to the part of the plaintiff....