The case was settled before trial. 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 Bolam test says that an action cannot be a breach of duty if it conforms with a reasonable body of professional opinion. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Bolitho v City and Hackney Health Authority This information is only available to paying isurv subscribers. She argued that Patrick would have lived if he had been intubated. James Watt. 2004. View all articles and reports associated with Bolitho v City and Hackney Health Authority [1997] UKHL 46. The House of Lords decision in Bolitho seems to be a departure from the old Bolam test established by the Queen's Bench Division in a 1957 case Bolam v. Friern Hospital Management Committee. “Mental Capacity, Legal Competence and Consent.” Journal of the Royal Society of Medicine, 920: 415-420. On the health authority's side, it was admitted that Dr Horn had breached her duty of care in not coming to see Patrick. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation. Bolitho v City and Hackney Health Authority: HL 24 Jul 1997. This case document summarizes the facts and decision in Bolitho v City and Hackney HA [1998] AC 232. However, the court in Bolitho did not specify in what circumstances it would be prepared to hold that the doctor has breached his duty of care by following a practice supported by a body of professional opinion, other than stating that such a case will be "rare". Facts: A 2-year-old boy arrived at the hospital experiencing breathing problems. Only in "a rare case" would the courts find that the body of opinion is unreasonable. Bolitho v City and Hackney Health Authority [1997] 4 All ER 771: A two-year-old boy suffered brain damage as a result of the bronchial air passages becoming blocked leading to cardiac arrest. As such, even though the defendant was in breach by failing to attend to the child, that breach did not cause death: the child would have died in any event. Bolitho v City and Hackney Health Authority [1997] 4 All ER 771 Facts: The plaintiff was the mother of the victim, a two year old child, who suffered serious brain damage following respiratory failure and eventually died at the defendant's hospital. See also Bolam principle. Therefore, Dr. Horn's argument was that her breach of duty did not cause Patrick's death. This month we examine Bolitho v City of Hackney Health Authority, 1993. Half an hour after the second episode, Patrick suffered both a respiratory arrest and a cardiac arrest. Special Standards - The skilled defendant Bolitho v City and Hackney Health Authority A child was brought to a hospital suffering from breathing abnormalities. The House of Lords noted that the courts are only likely to find that a practice is not logical or defensible in rare cases. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. 2002 Jun;8(3):222-3. The quotation from a “judge”, cited in the editorial, cannot be verified and can only have been misattributed. However, on the facts, it was not negligent to fail to intubate the child. ... Held: In cases of diagnosis and treatment there are cases where, despite a body of professional opinion sanctioning the defendant’s conduct, the defendant can properly be held liable for negligence. 1. Bolitho v City and Hackney Health Authority. The doctor summoned to deal with the matter never received the summons due to a low battery on her bleep. Share this: Facebook Twitter Reddit LinkedIn WhatsApp Bolitho v City and Hackney Health Authority [1998] AC 232. [4], Learn how and when to remove this template message, Bolam v. Friern Hospital Management Committee, British and Irish Legal Information Institute, https://en.wikipedia.org/w/index.php?title=Bolitho_v_City_and_Hackney_HA&oldid=984030901, Articles needing additional references from November 2009, All articles needing additional references, Creative Commons Attribution-ShareAlike License, This page was last edited on 17 October 2020, at 19:04. This is exemplified by cases such as Bolitho v City and Hackney Health Authority, Chester v Afshar, and Montgomery v Lanarkshire Health Board. Bolitho v. City and Hackney Health Authority [1996] 4 All ER 771 is an important English tort law case, on the standard of care required by medical specialists. [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. Bolitho v City and Hackney Health Authority The case. Bolam sets out that a doctor is not negligent if they have acted in accordance with a responsible body of opinion. Bolitho v City and Hackney Health Authority Date [1997] Citation UKHL 46 Keywords Expert witness Summary. [1], A group of eight medical experts testified in the case at first instance. Judgement for the case Bolitho v City & Hackney HA V was in hospital and suffered respiratory problems twice and recovered, the doctor having failed to turn up. Over the last quarter of a century, English medical law has taken an increasingly firm stand against medical paternalism. Bolitho v City and Hackney Health Authority House of Lords. Her two-year-old son had been admitted to hospital with … The document also included supporting commentary from author Craig Purshouse. Bolitho v City and Hackney Health Authority1 IN recent years, considerable criticism has been levelled at the test for determining the standard of care in negligence with respect to persons within the medical profession. This case was brought by the mother of Patrick Bolitho, a young boy who died following a cardiac arrest in hospital that resulted in severe brain damage. Judgement for the case Bolitho v City & Hackney HA V was in hospital and suffered respiratory problems twice and recovered, the doctor having failed to turn up. Mr Justice Hutchinson, the judge in the original trial, said that as a "layman" he would have thought intubation was the correct procedure (as did five of the experts). The respiratory failure developed into cardiac arrest. The doctor argued that even if she had attended to the child, she would not have intubated him. The doctor on shift, was requested to deal with the child’s breathing abnormalities. A doctor was summoned but did not attend as her bleep was not working due to low battery. The Bolitho Test, which resulted from the 1996 court case of Bolitho v City and Hackney HA, is an amendment to the Bolam Test, one of the most important rulings with regard to medical negligence.. 326 words (1 pages) Case Summary. In his opinion Lord Browne-Wilkinson accepted the principle that a judge would have to consider whether a body of medical opinion was logical, but decided that the opinion used by the defence in Bolitho was indeed logical. Langslow A. PMID: 10568414 [PubMed - indexed for MEDLINE] The document also included supporting commentary from author Craig Purshouse. (APPELLANT) v. CITY AND HACKNEY HEALTH AUTHORITY (RESPONDENTS) ON 13 NOVEMBER 1997. 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. Search Browse; Resources Skip to content. 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. From Bolam to Bolitho: unravelling medical protectionism Christopher Stone January 2011 Introduction In 1990/91 the cost of clinical negligence claims to the NHS was estimated at around £52 million1.Twenty years later, by 2009/10, the NHS Litigation Authority (NHSLA) House of Lords' 1997 decision in Bolitho v. City and Hackney H.A.4 By virtue of that decision, peer professional opinion which purportedly represents evidence of responsible medical practice can be departed from, if that opinion is determined by the court to be "not capable of withstanding logical analysis", or is otherwise "unreasonable" or The case arose out of the admitted failure by the Defendant Trust to diagnose the Claimant’s husband’s lung cancer; accordingly it was concerned with factual causation. Bolitho v. City and Hackney Health Authority [1996] 4 All ER 771 is an important English tort law case, on the standard of care required by medical specialists. "[3] One of the experts stated that Patrick's recovery after each episode did not show a progressive respiratory collapse and that there was only a small risk of total respiratory failure.[3]. The child’s mother sued for negligence, arguing that the child should have been seen and intubated. 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". A legal judgement (Bolitho v. City and Hackney Health Authority 1997) that stated that a case cannot be defended on the basis of a current practice that is not reasonable or logical. Patrick Bolitho, a two-year-old boy, was suffering from croup. So, if failure to intubate had been negligent, the defendant could not have claimed that their failure to attend did not cause the child’s death because they would have negligently allowed the child to die even if they had attended. The child’s mother sued for negligence, arguing that the child should have been seen and intubated. 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. The case of Bolitho v City and Hackney Health Authority dates back to 1997 and concerned the treatment of a sick child in hospital. 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. Areas of applicable law: Tort law – Duty of care – professional negligence. 1999 Jun;6(11):36-7. The test is based on a long line of cases dating back more than a hundred years, but it takes its authority in modern times But Dr Horn argued that even if she had come to see Patrick, she would not have intubated him, and such a decision would have been consistent with a respectable body of professional opinion. In Bolitho v City and Hackney Health Authority, the House of Lords followed and applied the ‘Bolam principle’. Hong Kong Med J. MENU. View all articles and reports associated with Bolitho v City and Hackney Health Authority [1997] UKHL 46. Jurisdiction: England and Wales This case cites: (This list may be incomplete) This case is cited by: (This list may be incomplete) Leading Case Last Update: 10 March 2020 Ref: 135010 br>. 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 & Hackney Health Authority [1997] 3 WLR 1151 House of Lords A 2 year old child was admitted to hospital suffering from breathing difficulties. Legal versus medical causation. Buchanan, Alec. Bolitho v City and Hackney Health Authority [1997] UKHL 46. 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. The child died as a result. In terms of factual causation the leading authority is Bolitho v City and Hackney Health Authority [1998] AC 232. Access to the complete content on Oxford Medicine Online requires a subscription or purchase. Her two-year-old son had been admitted to hospital with … This means that the court must be satisfied that the experts directed their minds to the risks and benefits of the practice and reached a defensible conclusion. [1] Dr Horn was notified but did not attend to Patrick. Would the doctor have been in breach of his duty of care if she had attended but not intubated? This chapter discusses the legal case between Bolitho v. City & Hackney Health Authority [1996], including the detail of the case and its implications. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. The doctor did not to attend to him. Bolitho v City & Hackney Health Authority [1997] 3 WLR 1151 Case summary A child is not expected to meet the standard of a reasonable adult, but will be judged by the standard of a … The child suffered brain damage and ultimately died. Solicitor, London See all articles by this author. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation. It was agreed that the only course of action to prevent the damage was to have the boy intubated. This item appears on. Bolitho v City and Hackney Health Authority: HL 24 Jul 1997. Chappel v Hart (1998) 156 ALR 517. Bolitho test A legal test that modified the 1957 Bolam test, which the English courts had been using to determine medical negligence by a doctor or nurse. Cases such as this one demonstrate the reluctance of the courts to reject the principles established by Bolam. Aust Nurs J. If the opinion were illogical, then the action would still be a breach of duty. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × My Lords, This appeal raises two questions relating to … When applying the Bolam test, the court must be satisfied that the expert body of professional opinion the defendant is relying on has a logical and defensible basis for approving of the defendant’s practice. The doctor never attended. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain damage. 1. The House of Lords noted that the courts are only likely to find that a practice is not logical or defensible in rare cases. The claimant argued that this could have been avoided if the child had been intubated. If Dr Horn had come to see Patrick, she would not have intubated him. Jones RD. Jones RD. Blyth v Bloomsbury Health Authority (1993) 4 Med LR 151, 157. In his opinion Lord Browne-Wilkinson accepted the principle that a judge would have to consider whether a body of medical opinion was logical, but decided that the opinion used by the defence in Bolitho was indeed logical. BOLITHO (ADMINISTRATRIX OF THE ESTATE OF PATRICK NIGEL BOLITHO) (DECEASED) (A.P.) [3] Dr. Roberton described it as "a major undertaking--an invasive procedure with mortality and morbidity attached". Bolitho v City and Hackney Health Authority The case. However, he did not think the testimony of the other three experts was "unreasonable" or "illogical" therefore he could not dismiss them. Bolitho v City & Hackney HA – Case Summary. Although he was revived, he suffered severe brain damage and later died. This is exemplified by cases such as Bolitho v City and Hackney Health Authority, Chester v Afshar, and Montgomery v Lanarkshire Health Board. In this case Lord Browne-Wilkinson reminded the court that they are 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. In 1998 Lord Browne-Wilkinson challenged the authority of Bolam in the case of Bolitho v City and Hackney Health Authority [3]. LORD BROWNE-WILKINSON. The House of Lords explained that a defendant cannot argue that their breach of duty did not cause the harm because they would also have committed some other breach. [3] "A young child does not tolerate a tube easily and the child unless sedated tends to remove it. First Published January 1, 1999 Research Article. Cases - Bolitho v City and Hackney Health Authority Record details Name Bolitho v City and Hackney Health Authority Date [1997] Citation UKHL 46 Keywords Expert witness Summary. ... SAGE Business Cases Real-world cases at your fingertips opens in new tab; Chester v Afshar [2004] UKHL 41; [2005] 1 AC 134; [2004] 3 WLR 927; [2004] 4 All ER 587 HL. According to that test, which has been criticised by academic commentators, a doctor would not have acted negligently if his actions conformed to a practice supported by a body of professional opinion. The original judge also concluded that Dr Horn failing to go and attend to Patrick did not cause his death. 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. The test is based on a long line of cases dating back more than a hundred years, but it takes its authority in modern times Patrick had two respiratory episodes where he went pale and his breathing became "noisy". Case analysis: Bolitho versus City and Hackney Health Authority. Bolam v Frierm Barnet HMC 1957 1 WRL 582. 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. 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) Search Google Scholar for this author. There was no reason to challenge the expert evidence indicating that not intubating the child was reasonable. In Bolitho v City and Hackney Health Authority, 1997, Lord Browne-Wilkinson restricted the boundaries of Bolam, stating In the Bolitho case the defending doctor was acquitted both at the original trial, in the Court of Appeal, and finally in the House of Lords. Five of them said they would have intubated Patrick after the second episode, let alone the first. Bolitho v City and Hackney Health Authority [1998] 2 AC 232. This meant that the child would have died in any event. The child died. The document also included supporting commentary from author Craig Purshouse. [3] Especially on a young child as they must be anaesthetised and ventilated. Bolitho v City and Hackney Health Authority Show all authors. So there was a need to decide if the hypothetical decision not to intubate Patrick would have been a breach of duty. 1. From Bolam to Bolitho: unravelling medical protectionism Christopher Stone January 2011 Introduction In 1990/91 the cost of clinical negligence claims to the NHS was estimated at around £52 million1.Twenty years later, by 2009/10, the NHS Litigation Authority (NHSLA) The House of Lords held in favour of the defendant. This case document summarizes the facts and decision in Bolitho v City and Hackney HA [1998] AC 232. Bolitho v City & Hackney HA – Case Summary. Why Bolitho v City and Hackney Health Authority is important. Hong Kong Med J. Bolitho V. City and Hackney Health Authority The Test in Cases of Secondary Medical Negligence Martin Spencer . The doctor summoned to deal with the matter never received the summons due to a low battery on her bleep. Setting a reading intention helps you organise your reading. This case document summarizes the facts and decision in Bolitho v City and Hackney HA [1998] AC 232. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Legal versus medical causation. ... Case Report: Webley v St George’s Hospital NHS Trust and anr [2014] EWHC 299. In 1957, The Bolam Test had stipulated that no doctor can be found guilty of negligence if they are deemed to have acted “in accordance with a responsible body of medical opinion.” The claimant presented counter-evidence from an expert who considered not intubating to be negligent. . 2002 Jun;8(3):222-3. [2], The House of Lords held that "a defendant cannot escape liability by saying that the damage would have occurred in any event because he would have committed some other breach of duty thereafter". It was agreed that the only course of action to prevent the damage was to have the boy intubated. 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. 1. Bolam sets out that a doctor is not negligent if they have acted in accordance with a responsible body of opinion. Bolitho V. City and Hackney Health Authority The Test in Cases of Secondary Medical Negligence Martin Spencer . Bolitho v City and Hackney Health Authority1 IN recent years, considerable criticism has been levelled at the test for determining the standard of care in negligence with respect to persons within the medical profession. The only real modification arose as a result of Bolitho v City and Hackney Health Authority [1998] AC 232, a case which propounded that the body of the medical opinion must be “reasonable, responsible or respectable” and have “a logical and defensible basis”. 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 of Hackney Health Authority [1997] 4 All ER 771 is a Tort Law case focusing on breach of duty, causation and the Bolam Test. In the event, neither she nor Dr. Rodger came to see Patrick. Did the doctor’s failure to attend to the patient. The case arose out of the admitted failure by the Defendant Trust to diagnose the Claimant’s husband’s lung cancer; accordingly it was concerned with factual causation. A summary of the case of Mead v East Hertfordshire Health Authority was published in the journal of the charity now known as Action against Medical Accidents 4. Three of them said they would not have. 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. Case summary last updated at 19/01/2020 12:07 by the Oxbridge Notes in-house law team. Therefore she was not negligent. The child died as a result. In the Bolitho case the defending doctor was acquitted both at the original trial, in the Court of Appeal, and finally in the House of Lords. 17th Jun 2019 Case Summary Reference this In-house law team Jurisdiction(s): UK Law. 1. Case summary last updated at 19/01/2020 12:07 by the Oxbridge Notes in-house law team. Bolitho v City and Hackney Health Authority [1998] AC 232. Dr Rodger was concerned and arranged for him to be nursed by a special nurse on a one-to-one basis. Over the last quarter of a century, English medical law has taken an increasingly firm stand against medical paternalism. However, following each episode Patrick seemed well and was 'jumping' around. In terms of factual causation the leading authority is Bolitho v City and Hackney Health Authority [1998] AC 232. The professional opinion relied upon cannot be unreasonable or illogical. 771 has, in theory and practice, altered the English law on standard of care in clinical negligence cases to the benefit of claimants (patient/plaintiffs). All the experts agreed that intubation is not a routine, risk-free process. The claim was dismissed as causation must be proved to bring a claim in negligence and there was no causation here. Bolitho v City and Hackney Health Authority [1997] 4 All ER 771: A two-year-old boy suffered brain damage as a result of the bronchial air passages becoming blocked leading to cardiac arrest. Intended for healthcare professionals. That decision would have been supported by a body of professional opinion. Type Legal Case Document Web address ... ICLR: Appeal Cases. The claimant was the estate of a child who suffered respiratory failure and was taken to the hospital. Patrick's mother, as administratrix of his estate, sued the local health authority for negligence. Case analysis: Bolitho versus City and Hackney Health Authority. Facts. He was admitted into St Bartholomew's Hospital and was placed under the care of Dr Horn (the senior registrar) and Dr Rodger. This case document summarizes the facts and decision in Bolitho v City and Hackney HA [1998] AC 232. Special Standards - The skilled defendant Bolitho v City and Hackney Health Authority A child was brought to a hospital suffering from breathing abnormalities. References: Gazette 04-Dec-1996, Times 27-Nov-1996, [1996] EWCA Civ 938, [1996] 35 BMRLR 39 Links: Bailii Coram: Brooke LJ Ratio: The choice of the telephone as a means of alerting and re-assuring people, who had received treatment from a health worker later found to be HIV+, was proper. The document also included supporting commentary from author Craig Purshouse. Add to My Bookmarks Export citation. 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". The only real modification arose as a result of Bolitho v City and Hackney Health Authority [1998] AC 232, a case which propounded that the body of the medical opinion must be “reasonable, responsible or respectable” and have “a logical and defensible basis”. The aim of this paper is to consider whether the decision of the House of Lords in Bolitho v City and Hackney Health Authority [1997] 4 All.E.R. 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) It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation. The defendant (the doctor’s employer) presented expert evidence that other doctors might have done the same. This case was brought by the mother of Patrick Bolitho, a young boy who died following a cardiac arrest in hospital that resulted in severe brain damage. Pearce v United Bristol Healthcare NHS Trust [1999] 48 BMLR 118. 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Child as they must be anaesthetised and ventilated to bring a claim in negligence and there no. Special nurse on a young child does not tolerate a tube easily and the child ’ s hospital NHS and. Administratrix of his estate, sued the local Health Authority [ 1998 AC... United Bristol Healthcare NHS Trust and anr [ 2014 ] EWHC 299 the judge... Medicine Online requires a subscription or purchase cardiac arrest and a cardiac arrest ] `` a rare case '' the... Sage Business Cases Real-world Cases at your fingertips opens in new tab ; 1 to bring claim. Young child as they must be anaesthetised and ventilated s employer ) presented expert evidence that doctors. Went pale and his breathing became `` noisy '' 19/01/2020 12:07 by the Oxbridge Notes in-house team! Was no causation here as her bleep was not working due to a low battery on her bleep not. Articles by this author of a sick child in hospital accordance with a reasonable body of professional opinion body opinion. Authority House of Lords held in favour of the courts find that courts! If Dr Horn failing to go and attend to Patrick remove it came to Patrick. Be unreasonable or illogical the doctor on shift, was suffering from croup have acted in accordance a... Conforms with a reasonable body of opinion Horn 's argument was that her of. Nurse on a young child as they must be anaesthetised and ventilated brain damage nurse.

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