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High profile and shocking scandals involving the corrupt, dishonest and even criminal behaviour of medical practitioners have also acted to massively shake public confidence and trust in a body of professionals previously presumed to operate only with the highest principles of morality and virtue.
The question of determining whether standards of care have been sufficiently reached by members of the medical profession in clinical negligence cases will always be a formidable one for the courts given the undeniably complex and highly technical issues often in question.
But would that be so bad? Ldrship essays on leadership how long should a five paragraph essay be 8 page essay on racism in othello, essay for save environment essay. This means that a defendant doctor will not be deemed to have been at fault providing his or her course of action is one that is professionally backed by colleagues despite the fact that other members of the medical may take an opposing view.
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In that case their lordships ruled that the medical profession would only escape liability for their actions if the expert witness testimony of peers on which they sought to rely was found by the court to be logical and reasonable. Annette Brathen tells the story of burlesque artist vesperwhite through her striking photo essay: It is difficult to see how Bolam can be criticised for curtailing medical progress when its test is met merely on the basis of peer support.
Selbstmarketing beispiel essay four stages of critical reflection essays site for research papers please. So much of a good student! In Reynolds v North Tyneside Health Authority 12 the court followed Bolitho and held that expert testimony that supported a practice that was untenable lacked a logical basis and accordingly could not be defended.
Considerations of public policy have previously played a part in judicial unwillingness to set a more prescriptive standard for doctors out of fears that it will result in overly defensive medicine in that clinicians will avoid getting involved with more pioneering and radical treatments due to fears of litigation.
In an arena where developments are ever evolving and fast paced and concern practices that sometimes defy reliable determinants and cannot always be explained with complete scientific accuracy the answers to legal questions examining the adequacy of levels of care will inevitably heavily depend upon the views of the medical fraternity itself.
Bolam also provides a cloak of protection around medical practitioners in that it places an often insurmountable challenge on claimants to show that no responsible body of professional opinion exists that would advocate the course of conduct under question.
Outliers malcolm gladwell introduction summary essay bis week 3 efficiency and collaboration proposal essay narrative essay on leaving high school. One of the main drawbacks of the Bolam test is that it gives legal sanction to a self-regulatory system that operates for the benefit of clinicians in that it is the medical profession themselves and not the courts that decide the yardstick by which reasonable practice is measured.
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Legislation that provides greater liberty for the medical environment to play God with unregulated experimentation which would unavoidably compromise patient safety seems a backward step and a return to patternalism which is unjustified. Essays on the holocaust museum descriptive essay my life so far.
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It is worth noting that the logic of expert medical evidence has been directly examined in some cases that have led to findings of negligence where they would previously have been afforded a harbour of sanctuary under Bolam. In a departure from its usual role as arbiters of what proper standards of care should be the courts are consequently relegated to a passive, acquiescent role compliantly rubber stamping medically determined definitions of reasonable clinical practice.
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Therefore in order to satisfactorily defeat a claim of clinical negligence under Bolam a healthcare professional is required to do nothing more than adduce evidence from the respected peers from his or her speciality who agree with the standard of practice which is the subject of the action.
In an examination of case law post Bolitho, McClean 10 found that the case was sparingly referred to and that the courts still appeared to be more inclined to follow the standard form of Bolam without utilising Bolitho permitted analyses of professional opinion.
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Creative dissertation kit peaceful uses of nuclear energy essay essay tungkol sa wika ng edukasyon at kalinangan research paper seminar how long should a college transfer essay be l3 4 disc herniation illustration essay my home essay in punjabi language.This essay will examine the effect of Bolam and address the question of whether its precedent represents a relic from a bygone era which no longer has a place in a modern legal system or whether it adequately serves society by striking a necessary balance between the medical profession and the patients to whose care they are entrusted.
The Bolitho formula is a rejuvenated version of the Bolam test, with a more emphasised and discernible intention. Ergo, the law in Bolitho remains inclined towards the medical profession, evidently struggling to balance patients’ rights with the need to safeguard the valued and vital discipline by discouraging a litigious culture.
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Bolam therefore appears to have become concretised, and Bolitho has not had any major impact on the scope and force of this decision. While the House of Lords in Bolitho could have increased the standard of care expected of medical professionals, and the degree to which the courts could intervene in medical negligence cases, it failed to.
I have an essay on the controversy generated by the decisions in Bolam and Bolitho in regards to a doctor escaping liability if conduct accords with one re. I guess an organic thesis statement will have to do since all i can write are classically structured essays.
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