negligence jurisprudence in India is characterized by a
reliance on the ‘Bolam test’.
In Bolam v Friern Hospital Management Committee4, the defendant doctor treating ... professional duties with free mind.”
(Emphasis supplied)
He referred to the Bolam test and held thus:
“72. The ratio of Bolam case is that
Maharaja Agrasen Hospital . vs Master Rishabh Sharma . on 16 December, 2019
Equivalent citations: AIRONLINE 2019
been acting with ordinary
care."
48. The case of Bolam vs. Friern Hospital Manage m e n t
Commit ... England Law Reports 118 = 195 7
1 WLR 582 is the test case followed in a number of English
as well as Indian Supreme Court
Court in the
case of Jacob Mathew, providing for the Bolam's tests to be applied in case
of negligence by the medical professionals ... Jacob Mathew (Supra), Hon'ble Supreme
Court relied upon Bolam test as well as the case of Dr. Suresh Gupta
(Supra) and held
field.
Para 11.4.5 In earlier judgments, this Court referred to the Bolam test laid down in [Bolam v. Friern
Hospital Management Committee ... Bingham, L.J. explained the Bolam test in the following words:
(Con LR p. 79)
"From these general statements it follows that a professional
page 122, placitum `A' of the
report).
19. Even though Bolam test was accepted by this Court as
providing the standard norms in cases ... various grounds. It has been found
that the inherent danger in Bolam test is that if the
Courts defer too readily to expert evidence medical
English courts. In England, standard applicable is
popularly known as the Bolam Test, first laid down in Bolam v. Friern
Hospital Management Committee ... House of Lords, per majority, adopted the Bolam test, as
the measure of doctor's duty to disclose information about the potential
consequences
surgery.
In this context we would like to quote the celebrated
Bolam test, which has been quoted by Honble Apex Court in Jacob Mathew ... complainant and OP2) in the following words:-
The water of
Bolam test has ever since flown and passed under several bridges, having been
cited
judge Bench of this Court highlighted the shortcomings of the Bolam test:
"19. Even though Bolam test was accepted by this Court as providing ... various grounds. It has been found that the inherent danger in Bolam test is that if the courts defer too readily to expert evidence medical
this context we would like to quote the celebrated Bolam test, which has been quoted by Honble Apex Court in Jacob Mathew vs. State ... complainant and OP2) in the following words:-
The water of Bolam test has ever since flown and passed under several bridges, having been cited
