Clinical Negligence Law Case
This area of law is concerned with an act or omission by a health care provider in the treatement of a patient that is found to have deviated from what is considered to be accepted standards of practice in the whole of the medical community that leads to the injury to the patient.
Therefore, there is a three-part test for whether the treatment administered to is not negligent (see Re (N) v. Doctor M [2002] EWCA Civ 1789) – (a) whether the treatment passes the Bolam Test that a health professional is not negligent if they act in accordance with a practice accepted at the time as proper by a responsible body of medical opinion; (b) to comply with Article 3 of the European Convention on Human Rights (‘ECHR’) 1950, whether it is medically necessary (see Herczegfalvy v. Austria (1993) 15 EHRR 437); and (c) whether the treatment is in the patient’s ‘best interests’.
Example Clinical Negligence Case
Case - Bolam v. Friern Hospital Management Committee (1957) 1 WLR 583 (‘The Bolan Test’)
