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In 1957, a patient, Mr Bolam, was given electroconvulsive therapy (ECT) treatment, which caused him to sustain serious fractures. Mr Bolam then brought a medical negligence claim to court on the following basis:
• He had not been warned about the risks involved in the procedure.
• The doctor had failed to administer muscle relaxation before the procedure.
• He had not been restrained during the procedure.
Mr Bolam’s case failed because it was found medical protocols which existed at the time had been correctly followed.
However, the case led to a test being developed known as the Bolam test to determine whether a medical practitioner has met their legal duty of care or has acted negligently.
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The Bolam test is a peer review of a medical professional’s actions.
The Test establishes whether a practitioner has acted in a way that a substantial body of other skilled professionals in the same field would have acted. Even if the other medical professionals say they would have acted differently, they may still decide that the treatment or level of care was acceptable.
The Bolam test is used when a patient believes the actions of a medical professional have exacerbated their condition or caused them to become ill, after which a medical negligence claim may be brought against them.
Today, bodies like NICE (National Institute for Health and Care Excellence) have set out comprehensive guidelines on duty of care and best practice. This means that even if a medical professional has satisfied the Bolam test, they may still be found to have failed in their duty of care if they have not followed NICE recommendations.
Our highly experienced medical negligence solicitors can advise you whether you have a claim and assist you in investigating whether there has been negligence. If you do pursue a claim, we will fight for answers and compensation on your behalf.
We can work on a No Win, No Fee basis with insurance to cover expenses (subject to approval), so you have no upfront costs to pay and there is no financial risk to you.
Our team of specialist lawyers are experts in their field. Be confident in their advice and decisions to help get the right outcome for you. Contact us today to see how we can help