It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation.. Facts Announcing Visualizations: see scite Smart Citations in context. Therefore, he continued on the basis that had the doctor attended Bolitho they would not have intubated him. The question of breach was a bigger concern of the House. List: Principles of Healthcare Law Section: Essential reading Next: Gregg v Scott Previous: Bolam v Friern Hospital Management Committee. In addition, the claimant must show that but for the breach, the harm would not have arisen (causation). . In Bolitho v City and Hackney Health Authority, the House of Lords followed and applied the ‘Bolam principle’. House of Lords. 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. Intended for healthcare professionals. BOLITHO V CITY AND HACKNEY HEALTH AUTHORITY Norazlin MOHD AZMAN. Instead, the question is whether a reasonable or respectable body of the profession would do this, or take this opinion. James Watt. On the second question, Lord Browne-Wilkinson applied the Bolam principle. The child died as a result. MENU. In Bolitho v City and Hackney Health Authority, the House of Lords followed and applied the ‘Bolam principle’. If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. 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. Bolitho brought an action in the tort of negligence against the defendant health authority. 1. The House of Lords clarified the Bolam test to include a proviso that the practice accepted as proper by a responsible body of professionals must be based on logical and defensible grounds. Low This article has been rated as Low-importance on the project's importance scale. 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. The issue is whether this satisfied the Bolam test, and whether causation was established. He was completely unable to breath and entered cardiac arrest. Explore now. VAT Registration No: 842417633. The lead judgement, with which the rest of the House agreed, was given by Lord Browne-Wilkinson. Bolitho V. City and Hackney Health Authority The Test in Cases of Secondary Medical Negligence Martin Spencer . The child’s mother sued for negligence, arguing that the child should have been seen and intubated. Case analysis: Bolitho versus City and Hackney Health Authority. The doctor on shift, was requested to deal with the child’s breathing abnormalities. The doctor summoned to deal with the matter never received the summons due to a low battery on her bleep. The case concerned a hypothetical situation that would have existed had the Claimant been referred for necessary investigations sooner. Bolitho v City and Hackney Health Authority may prove to be revolutionary in medical malpractice litigation. Bolitho, then 2 years-old, was admitted to hospital suffering from croup. Special Standards - The skilled defendant Bolitho v City and Hackney Health Authority A child was brought to a hospital suffering from breathing abnormalities. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. <—– Previous case Bolam v Friern Hospital Management Committee, Next case —–> Loading ... 【Bolam V Friern Hospital Management Committe 1957】Full Video - Duration: 7:59. 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". As such, it was necessary to assess whether the doctor would have been in breach if they had attended and not intubated the child. Bolitho v City and Hackney Health Authority. To set a reading intention, click through to any list item, and look for the panel on the left hand side: Establishing the tort of negligence involves establishing that the defendant breached their duty of care to the claimant. This item appears on. Summary: On January 16, 1984, two year old Patrick Bolitho was admitted to the hospital with croup. Facts: A 2-year-old boy arrived at the hospital experiencing breathing problems. AVMA Medical & Legal Journal 1999 5: 1, 17-20 Download Citation. Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Nolan, Lord Hoffmann and Lord Clyde. Bolitho v City and Hackney Health Authority. LORD BROWNE-WILKINSON. City and Hackney Health Authority (respondents) Indexed As: Bolitho Estate v. City and Hackney Health Authority. This article is within the scope of WikiProject Law, an attempt at providing a comprehensive, standardised, pan-jurisdictional and up-to-date resource for the legal field and the subjects encompassed by it. The House dismissed the claimant’s case: the defendant health authority had not failed to take reasonable care. Why Bolitho v City and Hackney Health Authority is important. The House of Lords had to decide whether the defendant failed to take reasonable care, and whether this caused the claimant harm. [1997] UKHL 46 Expert witness In this medical negligence case, the House of Lords considered how expert evidence as to a body of professional opinion in a professional negligence case should be dealt with. Type Legal Case Document. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Intubation is not a routine, risk-free process. The Court had to decide, as a matter of causation, what would the doctors have done had they attended the claimant (based on the doctor’s evidence), and then whether this hypothetical act was negligent. Registered Data Controller No: Z1821391. 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. 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. AVMA Medical & Legal Journal volume 5, issue 1, P17-20 1999 DOI: 10.1177/135626229900500104. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! This case was more complicated because of the overlapping questions of breach and causation. 豪 … 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. Company Registration No: 4964706. Preview. 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: 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 V was in hospital and suffered respiratory problems twice and recovered, the doctor having failed to … 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. Bolitho v City and Hackney Health Authority. The child died as a result. 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. 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? It was agreed that the only course of action to prevent the damage was to have the boy intubated. A doctor was summoned but did not attend as her bleep was not working due to low battery. Do you have a 2:1 degree or higher? Re C (Female Genital Mutilation and Forced Marriage: Fact Finding) [2019] EWHC 3449 (Fam): Should the standard of proof be different for vulnerable witnesses. Hong Kong Med J. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. 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. Facts. This action was continued by Bolitho’s mother as adminastrix of his estate. My Lords, This appeal raises two questions relating to liability for medical negligence. Bolitho v City and Hackney Health Authority This information is only available to paying isurv subscribers. This happened a second time, and the nurse explained to the doctor what had happened over the phone. They said that they would not have failed to take reasonable care if, on attending Bolitho, they would have done nothing. "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. November 13, 1997. 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. The doctor never attended. Montgomery v Lanarkshire Health Board, Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound) [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. As a result, the claimant suffered severe brain damage and then died. BOLITHO (ADMINISTRATRIX OF THE ESTATE OF PATRICK NIGEL BOLITHO) (DECEASED) (A.P.) Take a look at some weird laws from around the world! JISCBAILII_CASES_TORT Bolitho v. City and Hackney Health Authority [1997] UKHL 46; [1998] AC 232; [1997] 4 All ER 771; [1997] 3 WLR 1151 (13th November, 1997) HOUSE OF LORDS Lord Browne-Wilkinson Lord Slynn of Hadley Lord NolanLord Hoffmann Lord Clyde OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE BOLITHO (ADMINISTRATRIX OF THE ESTATE OF PATRICK NIGEL BOLITHO) A child was brought to a hospital suffering from breathing abnormalities. 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. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. The doctor summoned to deal with the matter never received the summons due to a low battery on her bleep. In-house law team, TORT – NEGLIGENCE – STANDARD OF CARE FOR MEDICAL PROFESSIONALS – CAUSATION. The case of Bolitho v City and Hackney Health Authority dates back to 1997 and concerned the treatment of a sick child in hospital. Bolitho v City and Hackney Health Authority (1993) 4 Med LR 381 COURT OF APPEAL Lord Justice DILLON, Lord Justice FARQUHARSON, and Lord Justice SIMON. 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. Search Browse; Resources Start This article has been rated as Start-Class on the project's quality scale. City and Hackney Health Authority continued (back to preceding text) Where, as in the present case, a breach of a duty of care is proved or admitted, the burden still lies on the plaintiff to prove that such breach caused the injury suffered: Bonnington Castings Ltd. v. Wardlaw [1956] A.C. 613; Wilsher v. BOLITHO (ADMINISTRATRIX OF THE ESTATE OF PATRICK NIGEL BOLITHO) (DECEASED) (A.P.) 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. The child’s mother sued for negligence, arguing that the child should have been seen and intubated. We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. She therefore notified the doctor and asked him to see the claimant. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation. How do I set a reading intention. Bolitho had a third episode. Over the last quarter of a century, English medical law has taken an increasingly firm stand against medical paternalism. The nurse assigned to Bolitho observed that he was having serious trouble breathing and had gone very white. and (2) If she would not have intubated, would that have been negligent? (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. Add to My Bookmarks Export citation. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. 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. Judgement for the case Bolitho v City & Hackney HA. *You can also browse our support articles here >. 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