difficult to hold the doctor to be
guilty of negligence.
The Bolam test:The
classic statement of the test of professional negligence is the direction ... jury of Mc.Nair J. in Bolam v. Friern Hospital
Management Committee (1957) 2 All ER 118, 121 now widely known as the
Bolam
test
judgements of Honble apex court on medical negligence
and also referred the Bolams test in this context. In
the Bolams case (Bolam Vs. Frien
Hospital
basic principles relating to the medical negligence known as
the BOLAM Rule. This was laid down in the judgment of Justice
McNair in Bolam ... Further, in Eckersley vs. Binnie (1988) 18 Con LR,
summarized the Bolam test in the following words:
"From these general statements it follows that
doctors, is to be
found in the opinion of McNair, J in Bolam
Vs. Friern Hospital Management Committeee, WLR p.586 in the following
words ... Para 20, the Court cited with approval that:
The water of
Bolam test has ever since flown and
passed under several bridges, having been sited
proper
treatment in accordance with normal medical parlance as contemplated under the Bolam test reported in Mc.Nair J. in Bolam v.
Friern Hospital Management ... Committee (1957) 2 All ER 118, 121 now widely known
as the Bolam test, we are of the considered view that there is
negligence
basic principle related to medical negligence is known as a
BOLAM Rule. This was laid down in the judgment of Justice Mcnair in
Bolam ... skill of an ordinary competent man exercising that
particular art."
22 Bolam's test has been approved by the Hon'ble Supreme
patient.”
46. In a celebrated and oft cited judgment in Bolam v. Friern
Hospital Management Committee (Queen’s Bench Division)
McNair, L.J. observed
normally be expected to give an impartial and unbiased
opinion applying the Bolam test to the facts collected in the
investigation. A doctor accused
performing the
surgery. The proof of negligence shall have to satisfy Bolam's
test. So also, the surgeon cannot be held liable in contract
negligence.
4. The test for determining medical negligence
as laid down in Bolams case [1957] 1 W.L.R. 582, 586 holds good
