TEALE FENNING

mridulaben · Posted: Mon Feb 05, 2007 2:21 pm Post subject: Legal

The Bolam principle has been successfully challenged in Court
Am always confused in Legal matters, really need some help.

mridulaben · Posted: Fri Feb 09, 2007 6:18 am Post subject:

Hey where are u guys? why no reply??

rpwalavalkar · Teale Fenning Administrator Joined: 20 Jul 2006 Posts: 966

hi, was a bit busy at work Rolling Eyes

the NHS redress act was passed in 2005. and speaks about how the NHSLA will deal with claims and it's other legal ramifications.

one can claim if ....

The doctor (or other health professional caring for the patient) must have
acted in a way which fell short of acceptable professional standards. The
test is whether the actions of the health professional in question could be
supported by a “responsible body of clinical opinion”. It will not be enough
to show that other health professionals might have done something
differently if a “responsible body” of health professionals would support
the action taken.

The harm suffered by the patient must be shown, on the balance of
probabilities, to be directly linked with the failure of the health
professional to meet appropriate standards. If, for example, there was a
good chance that the patient would have suffered the harm even if the
health professional had acted differently, then the claim is unlikely to
succeed.

for both of the above to be proved the BOLAM test is a time tested method.

it has not been challenged and will be used where appropriate.

check out the links...

http://www.parliament.uk/commons/lib/research/rp2006/rp06-029.pdf

http://www.publications.parliament.uk/pa/ld200506/ldbills/022/2006022.pdf

hope this makes sense. Wink

_________________
Dr Miss. Raj Walavalkar MBBS MRCOG
TealeFenning Administrator
SR O&G Wessex Region

mridulaben · Posted: Sat Feb 10, 2007 10:44 am Post subject:

Thanks Raj. Will go through the site later.
Anyway answer is False, is'nt it?
Given true in strat og

rpwalavalkar · Teale Fenning Administrator Joined: 20 Jul 2006 Posts: 966

i am going to go with false.

all this legal stuff makes me dizzy. i thought we still can use the bolam test where applicable otherwise how do you prove negligence / willful harm etc.

i agree with the argument that we rely on the 'expert opinion' and that god forbid this may rarely be skewed but from how i understand the new act they do not have any other objective way to prove causation. and bolam is a time tested test.

let's wait for nick to veto this.
_________________
Dr Miss. Raj Walavalkar MBBS MRCOG
TealeFenning Administrator
SR O&G Wessex Region