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bolitho v city and hackney health authority case summary

The claim was dismissed as causation must be proved to bring a claim in negligence and there was no causation here. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Facts. Search Google Scholar for this author. Did the doctor’s failure to attend to the patient. Hong Kong Med J. Her two-year-old son had been admitted to hospital with … 1. 326 words (1 pages) Case Summary. 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. This month we examine Bolitho v City of Hackney Health Authority, 1993. This case document summarizes the facts and decision in Bolitho v City and Hackney HA [1998] AC 232. 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 professional opinion relied upon cannot be unreasonable or illogical. 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) Langslow A. PMID: 10568414 [PubMed - indexed for MEDLINE] 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. 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) In Bolitho v City and Hackney Health Authority, 1997, Lord Browne-Wilkinson restricted the boundaries of Bolam, stating On the health authority's side, it was admitted that Dr Horn had breached her duty of care in not coming to see Patrick. Bolitho v City and Hackney Health Authority. 1. 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. [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. 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. 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.. 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. 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. This case document summarizes the facts and decision in Bolitho v City and Hackney HA [1998] AC 232. She argued that Patrick would have lived if he had been intubated. Facts: A 2-year-old boy arrived at the hospital experiencing breathing problems. Bolitho v City and Hackney Health Authority This information is only available to paying isurv subscribers. First Published January 1, 1999 Research Article. The doctor on shift, was requested to deal with the child’s breathing abnormalities. [3] "A young child does not tolerate a tube easily and the child unless sedated tends to remove it. 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. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation. Why Bolitho v City and Hackney Health Authority is important. This meant that the child would have died in any event. Hong Kong Med J. 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 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. 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. Jones RD. This is exemplified by cases such as Bolitho v City and Hackney Health Authority, Chester v Afshar, and Montgomery v Lanarkshire Health Board. Legal versus medical causation. In this case Lord Browne-Wilkinson reminded the court that they are 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. The House of Lords noted that the courts are only likely to find that a practice is not logical or defensible in rare cases. In Bolitho v City and Hackney Health Authority, the House of Lords followed and applied the ‘Bolam principle’. In 1998 Lord Browne-Wilkinson challenged the authority of Bolam in the case of Bolitho v City and Hackney Health Authority [3]. However, on the facts, it was not negligent to fail to intubate the child. ... Case Report: Webley v St George’s Hospital NHS Trust and anr [2014] EWHC 299. Pearce v United Bristol Healthcare NHS Trust [1999] 48 BMLR 118. Jones RD. The document also included supporting commentary from author Craig Purshouse. 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. The defendant (the doctor’s employer) presented expert evidence that other doctors might have done the same. 17th Jun 2019 Case Summary Reference this In-house law team Jurisdiction(s): UK Law. Cases such as this one demonstrate the reluctance of the courts to reject the principles established by Bolam. 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. Bolam sets out that a doctor is not negligent if they have acted in accordance with a responsible body of opinion. Special Standards - The skilled defendant Bolitho v City and Hackney Health Authority A child was brought to a hospital suffering from breathing abnormalities. A doctor was summoned but did not attend as her bleep was not working due to low battery. 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". "[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]. Facts: A 2-year-old boy arrived at the hospital experiencing breathing problems. Setting a reading intention helps you organise your reading. So there was a need to decide if the hypothetical decision not to intubate Patrick would have been a breach of duty. Areas of applicable law: Tort law – Duty of care – professional negligence. It was agreed that the only course of action to prevent the damage was to have the boy intubated. View all articles and reports associated with Bolitho v City and Hackney Health Authority [1997] UKHL 46. In the event, neither she nor Dr. Rodger came to see Patrick. 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”. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. The case was settled before trial. 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. The House of Lords held in favour of the defendant. Five of them said they would have intubated Patrick after the second episode, let alone the first. Bolitho v City and Hackney Health Authority House of Lords. [3] Dr. Roberton described it as "a major undertaking--an invasive procedure with mortality and morbidity attached". Three of them said they would not have. The doctor never attended. Would the doctor have been in breach of his duty of care if she had attended but not intubated? 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. Special Standards - The skilled defendant Bolitho v City and Hackney Health Authority A child was brought to a hospital suffering from breathing abnormalities. There was no reason to challenge the expert evidence indicating that not intubating the child was reasonable. The doctor summoned to deal with the matter never received the summons due to a low battery on her bleep. 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. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. 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 doctor argued that even if she had attended to the child, she would not have intubated him. Patrick Bolitho, a two-year-old boy, was suffering from croup. 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. The original judge also concluded that Dr Horn failing to go and attend to Patrick did not cause his death. Access to the complete content on Oxford Medicine Online requires a subscription or purchase. Therefore, Dr. Horn's argument was that her breach of duty did not cause Patrick's death. 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. That decision would have been supported by a body of professional opinion. 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. Solicitor, London See all articles by this author. Dr Rodger was concerned and arranged for him to be nursed by a special nurse on a one-to-one basis. The document also included supporting commentary from author Craig Purshouse. [3] Especially on a young child as they must be anaesthetised and ventilated. 1. The claimant presented counter-evidence from an expert who considered not intubating to be negligent. 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. 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. 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. 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. 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". 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 [1] Dr Horn was notified but did not attend to Patrick. 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 All the experts agreed that intubation is not a routine, risk-free process. The case of Bolitho v City and Hackney Health Authority dates back to 1997 and concerned the treatment of a sick child in hospital. Over the last quarter of a century, English medical law has taken an increasingly firm stand against medical paternalism. Case summary last updated at 19/01/2020 12:07 by the Oxbridge Notes in-house law team. Case summary last updated at 19/01/2020 12:07 by the Oxbridge Notes in-house law team. Share this: Facebook Twitter Reddit LinkedIn WhatsApp Bolitho v City and Hackney Health Authority [1998] AC 232. 2002 Jun;8(3):222-3. 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. 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. 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. Type Legal Case Document Web address ... ICLR: Appeal Cases. BOLITHO (ADMINISTRATRIX OF THE ESTATE OF PATRICK NIGEL BOLITHO) (DECEASED) (A.P.) In terms of factual causation the leading authority is Bolitho v City and Hackney Health Authority [1998] AC 232. . Blyth v Bloomsbury Health Authority (1993) 4 Med LR 151, 157. 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 The case. 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 … Bolitho v City and Hackney Health Authority [1998] 2 AC 232. 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: HL 24 Jul 1997. MENU. The House of Lords noted that the courts are only likely to find that a practice is not logical or defensible in rare cases. If Dr Horn had come to see Patrick, she would not have intubated him. Patrick's mother, as administratrix of his estate, sued the local health authority for negligence. ... 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. LORD BROWNE-WILKINSON. 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) Case analysis: Bolitho versus City and Hackney Health Authority. 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. 1. 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. The doctor did not to attend to him. Bolitho V. City and Hackney Health Authority The Test in Cases of Secondary Medical Negligence Martin Spencer . 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. Bolitho v City and Hackney Health Authority [1998] AC 232. V United Bristol Healthcare NHS Trust [ 1999 ] 48 BMLR 118 Bolitho versus bolitho v city and hackney health authority case summary Hackney! A one-to-one basis arguing that the child should have been a breach of duty '' would the have! Doctor have been avoided if the hypothetical decision not to intubate Patrick would have been in breach of duty,. 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