Bolam v Friern Hospital Management Committee
[1957] 1 WLR 582
判决理由
A doctor is not negligent if they act in accordance with a practice accepted as proper by a responsible body of medical opinion, even if other doctors would have acted differently. This is the 'Bolam test' for professional negligence.
事实
Mr Bolam was a voluntary patient at Friern Hospital who underwent electro-convulsive therapy (ECT). He was not given muscle relaxants, was not physically restrained, and was not warned of the risk of fractures. During the treatment, he sustained bilateral hip fractures. He sued the hospital for negligence.
判决摘要
McNair J directed the jury that a doctor is not negligent if their conduct conforms to a practice accepted as proper by a responsible body of medical professionals skilled in that particular art. The fact that another body of opinion might take a different view does not make the doctor negligent. The jury found for the defendant.
关键引述
"A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art."
— McNair J
后续处理
The Bolam test remains the standard for clinical negligence (breach of duty), though it has been qualified by Bolitho v City & Hackney HA [1998].
For informed consent, the Bolam test was replaced by the patient-centred test in Montgomery v Lanarkshire [2015].