ABSTRACT
Lately, the debate centering on medical negligence has been a deeply invigorated one. On the one hand, some argue for the Bolam Test as the right standard for medical malpractice. On the other hand, some vouch for the Bolitho Test to the effect that Bolam has lived past its shelf life. Entangled are the courts which have to decide on the rightful test to apply. The paper offers a medico-legal analysis of the conflict between the Bolam and Bolitho tests. It clarifies that the court in Bolitho did not overrule Bolam but only modified the general rule in Bolam as circumstances may require. Neither has the Bolam Test lived past its shelf life as it is alive, well, and kicking.
Bwana, Ronald, Bolam vs Bolitho: A Medico-Legal Inquiry for a Test in Medical Negligence (October 23, 2022).
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