Bolam v Friern Hospital Management Committee Flashcards
when was this case
1957
which court
queens bench division
what test was a result of this case
the Bolam test fir standard of care for medical professionals
facts of the case
The plaintiff sustained fractures of the acetabula during the course of electro-convulsive therapy treatment given him while he was a voluntary patient at the defendants’ mental hospital. He claimed damages against the hospital alleging that the defendants were negligent (1) in failing to administer any relaxant drug prior to the passing of the current through his brain; (2) since they had not administered such drug, in failing to provide at least some form of manual restraint or control beyond that given; and (3) in failing to warn him of the risks involved in the treatment.
ratio
- not liable in acting as a reasonable medical professional
- not negligent for using an alternative technique provided this is also safe snd widely accepted
- when no warning is given, it must be considered weather the risks of telling the patient are worth it
how many judges
1 judge (McNair J.) and a jury