면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Medical Negligence
House of Lords
1998

Bolitho v City and Hackney Health Authority

[1998] AC 232

판결 이유

The Bolam test requires the body of medical opinion relied upon to have a logical basis. The court is not bound to accept expert evidence that is not capable of withstanding logical analysis, even if held by a responsible body of practitioners.

사실관계

A two-year-old child suffered brain damage after respiratory failure. The registrar failed to attend when called. The question was whether intubation would have prevented the harm.

판결 요약

The House of Lords held the claim failed on causation. However, Lord Browne-Wilkinson clarified that the Bolam test is not a mere 'head-counting' exercise — the court must be satisfied that the opinion relied upon has a logical basis.

주요 인용문

"The court is not bound to hold that a defendant doctor escapes liability for negligent treatment or diagnosis just because he leads evidence from a number of medical experts who are genuinely of opinion that the defendant's treatment or diagnosis accorded with sound medical practice."

Lord Browne-Wilkinson

후속 처리

Good law

Qualifies Bolam by requiring expert opinion to withstand logical scrutiny.