“In Sideway’s case this question was approached by the members of
the House in different ways, but with a measure of overlap. At one end
of the spectrum was Lod Diplock, who considered that any alleged
breach of a doctor’s duty of care towards his patient, whether it related
to diagnosis, treatment or advice, should be determined by applying the
Bolam test:
“The merit of the Bolam test is that the criterion of the duty of care
owed by a doctor to his patient is whether he has acted in accordance
with a practice accepted as proper by a body of responsible and skilled
medical opinion….. To decide what risks the existence of which a
patient should be voluntarily warned and the terms in which such
warning, if any, should be given, having regard to the effect that the
warning may have, is as much an exercise of professional skill and
judgment as any other part of the doctor’s comprehensive duty of care
to the individual patient, and expert medical evidence on this matter
should be treated in just the same way. The Bolam test should be
applied.”
Used in Judgement of
Lahore High court
Criminal Proceedings
29246/17
0 Comments