An essential component of an action in negligence against a doctor is proof that the doctor
failed to provide the required standard of care under the circumstances. Traditionally the …

The application of the Bolam test to cases of medical negligence has been the subject of
prolonged criticism. The main source of discontent was the apparent judicial abdication of …

Historically, the standard of care in medical negligence provided considerable scope for
external evaluation of clinical judgment. Under the Bolam test, however, determining the …

The Cambridge Law Journal 57:2 Page 1 THE CAMBRIDGE LAW JOURNAL V 57,
P 2 J 1998 CASE AND COMMENT ’    …

This article will cover the history of the tort of negligence and how the judgement in the case
of Donoghue v Stevenson enabled the courts to'develop the law'to allow the concept of …

In medical negligence litigation, a key step is for the claimant to prove that the physician
failed to meet the required standard of care. The traditional test in law in such cases remains …

The plaintiff who brings an action in medical negligence faces a number of obstacles
including practical problems in establishing causation (which are particularly onerous in the …

In this chapter, the authors attempts a broader view of the potential impact of a series of
developments, including the decision in Bolitho, which they argue are likely to change the …

This case note discusses the decision of the UK Supreme Court in Montgomery v
Lanarkshire Health Board, a case concerning the negligent failure by a doctor to disclose a …

THE Bolam test of breach–that classic and well-known statement of the law, with its genesis
being a defendant's reliance upon a body of responsible peer professional opinion–is the …