Abstract:
The very nature of professional services involves the exercise of skills, and the possession of a body of knowledge, not shared by the public at large. Brazier & Miola argues that judges are not qualified to make professional judgements on the practices of other learned professionals.
The first part of this essay deals with the various criticisms and controversies regarding the use of the very infamous and influential Bolam test in the area of medical negligence litigation. The second part of this essay deals with the idea that judges, and not the medical professionals, are the final arbiter in a medical negligence lawsuit.
Alam, Shajib Mahmood, Medical Negligence: Should Judges Take a Back Row Seat? (May 14, 2012).
First posted 2014-01-27 07:08:18
Leave a Reply