Essays on Bolam

Lord Gardiner’s statement is a wonderful example of legislators recognizing that precedent may stifle the appropriate outcome in a legal dispute. Comparisons can be made between other Western countries; for example, the US Supreme Court has reversed precedent that it set itself decades prior, such as the landmark case Brown v. Board of Education. Just like these countries, Lord Gardiner believed that Britain should not limit itself to decisions based solely on decisions in the past because the modern day situations that arise often require a more complex and systematic methodology for determining justice. In addition, but not ...

As a matter of fact and law, it is indeed true that to successfully bring a claim in negligence, the claimant has to prove on a balance of probabilities the existence of a duty of care, breach of that duty by the defendant and a resultant loss, harm or injury to them. This is known as "the three-part test" for negligence. In addition to these essential elements of the tort of negligence, no defenses should be applicable if a claim is to succeed. However, successfully proving the existence of these elements and getting remedies from courts is not a ...

ABSTRACT

This paper discusses breach of duty as it pertains the healthcare profession. The relationship that exists between a medical practitioner and a patient is briefly discussed with emphasis on some of the circumstances that bring about such relationships. The legal tests that are applied to test breach of duty which a medical practitioner owes a patient are also briefly but coherently discussed. It’s important to note that the three tests set the necessary conditions that must be met for a case of negligence to be proved in a court of law. The paper then summarizes by considering two ...