Montgomery v Lanarkshire Health Board, Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound)Â [1961], Fairchild v Glenhaven Funeral Services [2003], Barnett v Chelsea and Kensington Hospital Management Committee [1969], Bolitho v City and Hackney Health Authority [1998] AC 23, R (Freedom and Justice Party) v SS Foreign & Commonwealth Affairs: How Should International Law Inform the Common Law. Whilst Lord Browne-Wilkinson felt, as a layman, that the doctor should have incubated the claimant, applying the Bolam principle he had to consider the doctor’s evidenceas it was based on logical grounds. Low This article has been rated as Low-importance on the project's importance scale. Add to My Bookmarks Export citation. Explore now. Free resources to assist you with your legal studies! Bolitho v City and Hackney Health Authority House of Lords Citations : [1998] AC 232; [1997] 3 WLR 1151; [1997] 4 All ER 771; [1998] PIQR P10; [1998] Lloyd’s Rep Med 26; (1998) 39 BMLR 1. Loading ... 【Bolam V Friern Hospital Management Committe 1957】Full Video - Duration: 7:59. The two-stage test, as applied to this case, was: The test is based on a long line of cases dating back more than a hundred years, but it takes its authority in modern times Start This article has been rated as Start-Class on the project's quality scale. The childâs mother sued for negligence, arguing that the child should have been seen and intubated. In addition, the claimant must show that but for the breach, the harm would not have arisen (causation). . Medical Law - English Tort Law - Bolitho v. City and Hackney Health Authority *UK LAW* - Essential for Medical Interviews & Examinations of all levels. In this case, refusing to intubate the child was not illogical, and so there was no breach. To set a reading intention, click through to any list item, and look for the panel on the left hand side: Bolitho V. City and Hackney Health Authority The Test in Cases of Secondary Medical Negligence Martin Spencer . Areas of applicable law: Tort law – Duty of care – professional negligence. Whilst a layman may conclude that the doctors acted negligently, a Court is unable to ignore evidence from a professional that is capable of standing up to rational analysis. *You can also browse our support articles here >. A child was brought to a hospital suffering from breathing abnormalities. 17th Jun 2019 Why Bolitho v City and Hackney Health Authority is important. Bolitho v City and Hackney Health Authority [1997] 4 All ER 771: A two-year old boy suffered brain damage as a result of the bronchial air passages becoming blocked leading to cardiac arrest. Main arguments in this case: A medical professional can be held negligent even if the standard of care he or she applied in treating a patient was in accordance with the other professional in his or her field. 1. November 13, 1997. The Court therefore held that the doctors had not failed to take reasonable care, and the claimantâs case was dismissed. AVMA Medical & Legal Journal volume 5, issue 1, P17-20 1999 DOI: 10.1177/135626229900500104. The defendant argued that, as a matter of causation, even if they had attended the claimant they would not have been able to help him. A child was brought to a hospital suffering from breathing abnormalities. Dr. Roberton described it as “a major undertaking–an invasive procedure with mortality and morbidity attached–it was an assault.” … In those circumstances it cannot be suggested that it was illogical for Dr. Dinwiddie a most distinguished expert to favour running what, in his view, was a small risk of total respiratory collapse rather than to submit Patrick to the invasive procedure of intubation. Bolitho. Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Nolan, Lord Hoffmann and Lord Clyde. Judgement for the case Bolitho v City & Hackney HA. and (2) If she would not have intubated, would that have been negligent? Facts. The child’s mother sued for negligence, arguing that the child should have been seen and intubated. They said that they would not have failed to take reasonable care if, on attending Bolitho, they would have done nothing. The nurse assigned to Bolitho observed that he was having serious trouble breathing and had gone very white. 豪 … Announcing Visualizations: see scite Smart Citations in context. 1. This case was more complicated because of the overlapping questions of breach and causation. In the words of Lord Browne-Wilkinson: There were, therefore, two questions for the judge to decide on causation: (1) What would Dr. Horn have done, or authorised to be done, if she had attended Patrick? The doctor testified that they would not have intubated the patient even if they had attended, and an expert witness agreed this was proper. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. As a result, the claimant suffered severe brain damage and then died. Bolitho v City and Hackney Health Authority: HL 24 Jul 1997 References: Gazette 10-Dec-1997, Times 27-Nov-1997, [1997] UKHL 46, [1998] AC 232, [1997] 4 All ER 771, [1997] 3 WLR 1151 Links: House of Lords , Bailii 2002 Jun;8(3):222-3. Legal versus medical causation. Instead, the question is whether a reasonable or respectable body of the profession would do this, or take this opinion. Search Browse; Resources As such, it was necessary to assess whether the doctor would have been in breach if they had attended and not intubated the child. MENU. A doctor was summoned but did not attend as her bleep was not working due to low battery. Facts: A 2-year-old boy arrived at the hospital experiencing breathing problems. Intubation is not a routine, risk-free process. Set Notification . He noted that it was not enough for the defendants to raise some expert evidence from doctors who would have, or do, act in the same way as the defendants. In-house law team, TORT â NEGLIGENCE â STANDARD OF CARE FOR MEDICAL PROFESSIONALS – CAUSATION. The case of Bolam v Friern Hospital had established that professionals will not be in breach of their duty if they acted in accordance with practices accepted as proper by a responsible body of other medical professionals with relevant expertise. V was in hospital and suffered respiratory problems twice and recovered, the doctor having failed to … Bolam v Friern Hospital Management Committee, Next case ââ> Whilst a layman may conclude that the doctors acted negligently, a Court is unable to ignore evidence from a professional that is capable of standing up to rational analysis. Looking for a flexible role? Bolitho v City & Hackney Health Authority [1997] 3 WLR 1151 House of Lords A 2 year old child was admitted to hospital suffering from breathing difficulties. Mr Jones argued that the obstetrician was negligent on the basis of the test in Bolitho v City and Hackney Health Authority [1998] AC 232, refined in Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. VAT Registration No: 842417633. Bolitho v City and Hackney Health Authority may prove to be revolutionary in medical malpractice litigation. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation.. Facts BOLITHO (ADMINISTRATRIX OF THE ESTATE OF PATRICK NIGEL BOLITHO) (DECEASED) (A.P.) Patrick Bolitho, a two-year-old, was admitted to St Bartholomew’s Hospital suffering from respiratory difficulties. Summary: On January 16, 1984, two year old Patrick Bolitho was admitted to the hospital with croup. The Bolam test has no relevance to the first of those questions but is central to the second. On the second question, Lord Browne-Wilkinson applied the Bolam principle. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Special Standards - The skilled defendant Bolitho v City and Hackney Health Authority A child was brought to a hospital suffering from breathing abnormalities. Lord Browne-Wilkinson said: The use of these adjectives -responsible, reasonable and respectable- all show that the court has to be satisfied that the exponents of the body of opinion relied upon can demonstrate that such opinion has a logical basis. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. BOLITHO (ADMINISTRATRIX OF THE ESTATE OF PATRICK NIGEL BOLITHO) (DECEASED) (A.P.) If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. The claimants argued that the doctors failed to take reasonable care by not attending to Bolitho after the call from the nurses. Type Legal Case Document. This action was continued by Bolithoâs mother as adminastrix of his estate. House of Lords. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. My Lords, This appeal raises two questions relating to liability for medical negligence. Registered Data Controller No: Z1821391. The doctor summoned to deal with the matter never received the summons due to a low battery on her bleep. BOLITHO V CITY AND HACKNEY HEALTH AUTHORITY Norazlin MOHD AZMAN. Bolitho, then 2 years-old, was admitted to hospital suffering from croup. Reference this The child died as a result. "Bolitho v. City and Hackney Health Authority" [1997] 4 All ER 771 is an important English tort law case, on the standard of care required by medical specialists. (APPELLANT) v. CITY AND HACKNEY HEALTH AUTHORITY (RESPONDENTS) ON 13 NOVEMBER 1997. The doctor never attended. LORD BROWNE-WILKINSON. The House of Lords held that it is not possible for a defendant to argue that a breach did not cause the harm, because but for the breach, some other breach would have been committed. (APPELLANT) v. CITY AND HACKNEY HEALTH AUTHORITY (RESPONDENTS) ON 13 NOVEMBER 1997 LORD BROWNE-WILKINSON My Lords, This appeal raises two questions relating to liability for medical negligence. In the case of Bolitho v City and Hackney Health Authority, the House of Lords has decided on the test to be applied in cases of what I would call "secondary negligence". Company Registration No: 4964706. Mentioning: 1 - Bolitho v City and Hackney Health Authority - James Watt. TORT – NEGLIGENCE – STANDARD OF CARE FOR MEDICAL PROFESSIONALS – CAUSATION. Bolitho v City and Hackney Health Authority. The test to be applied was set out by Lord Browne-Wilkinson in Bolitho v City and Hackney Health Authority [1997] UKHL 46. Bolitho v City and Hackney Health Authority. Bolitho v City & Hackney HA [1998] AC 232 Case summary last updated at 19/01/2020 12:07 by the Oxbridge Notes in-house law team. Re C (Female Genital Mutilation and Forced Marriage: Fact Finding) [2019] EWHC 3449 (Fam): Should the standard of proof be different for vulnerable witnesses. Bolitho v City of Hackney Health Authority [1997] 4 All ER 771 is a Tort Law case focusing on breach of duty, causation and the Bolam Test. Bolitho v. City and Hackney Health Authority [1997] 4 All ER 771 is an important English tort law case, on the standard of care required by medical specialists. It was agreed that the only course of action to prevent the damage was to have the boy intubated. 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