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What Is The Bolam Test In Medical Negligence Claims?

If you have been searching for information on making a compensation claim, you may have come across the Bolam test for medical negligence. This test is often used as evidence in medical negligence claims, but what exactly is it, and how could it help you? Our guide aims to explain these questions and more.

In this guide, we will first provide an outline of what the Bolam test is and how it came about. We’ll also examine how the Bolam test might be applied in a medical negligence claim through some example scenarios. As you continue reading, you’ll learn about what a duty of care is and how it relates to the Bolam test.

Finally, we take a look at some of the benefits of working with one of the experienced No Win No Fee solicitors from our panel. They’ve taken on claims nationwide, helping clients win the medical negligence compensation they deserve.

If you have any questions about the Bolam test or medical negligence, our advisors are here to provide you with free and confidential support. They’re available 24/7 and can also provide you with a no-obligation case assessment. To get in touch and see if you have grounds to make a medical negligence claim, use the details below:

Medical practitioners gather round a table to discuss whether a claimant suffered due a doctor failing to provide the appropriate standard of care

Jump To A Section

  1. What Is The Bolam Test?
  2. Bolam Vs Friern Hospital Management Committee
  3. What Was The Outcome Of The Trial?
  4. How To Apply The Bolam Test To Medical Negligence Claims
  5. Establishing A Duty Of Care With The Bolam Test
  6. Get Free Advice From Medical Negligence Claims Care
  7. More Information

What Is The Bolam Test?

The Bolam test is used to assess whether the care that a patient received from a medical professional met minimum expected standards. In short, it is a peer review performed by medical professionals with training that is appropriate to the case.

These peers assess whether the standard of care provided would be acceptable and proper to a responsible body of medical opinion from the same field. If someone like a doctor is found to have acted in accordance with that medical opinion, then they may not be deemed negligent.

If you’d like further information on what the Bolam test in medical negligence claims is, you can speak with our team for free advice. You can also keep reading this guide to find out how the Bolam test came into being and the impact it can have on medical negligence claims. 

Bolam Vs Friern Hospital Management Committee

The Bolam test is named after a 1957 court case, Bolam vs Friern Hospital Management Committee. This case was brought about following the experiences of a patient who received electroconvulsive therapy (ECT) voluntarily. Prior to the procedure, he was not restrained nor given any muscle relaxants. If a doctor had taken these steps, it may have prevented muscle spasms or contractions, as ECT comes with a risk of fractures to the bones.

As a result, the patient suffered serious harm and pursued compensation. He claimed that negligence occurred due to the failure to:

  • Provide him with a muscle relaxant
  • Restrain him during the procedure
  • Inform him of the risks associated with the ECT treatment

You can speak with an advisor if you would like a further understanding of this case, or keep reading to find out the outcome of the trial.

What Was The Outcome Of The Trial?

The High Court found in favour of Friern Hospital and determined that normal practice was followed for administering ECT. In their judgement, the jury determined that the hospital was not negligent in how it performed the treatment. At the time, muscle relaxants were not widely accepted by medical opinion, while restraints occasionally increased the risk of fractures occurring.

This may be your first time reading about the Bolam case, so please do not hesitate to contact an advisor for further details. They can answer any question you might have about it or how the Bolam test affects medical negligence claims.

How To Apply The Bolam Test To Medical Negligence Claims

In order to apply the Bolam test to medical negligence claims, it needs to be established that a professional like a doctor acted in a way that fell short of minimum expected standards.

While the Bolam test is not always required, it can sometimes be difficult to assess whether medical negligence has occurred. Therefore, it may be judged that your case will benefit from the expert insight of relevant medical professionals.

Examples of how a Bolam test may help to prove that medical negligence occurred include:

  • A panel of medical professionals determine that you underwent unnecessary surgery because a surgeon misread your scan results. This led the surgeon to wrongly conclude you needed to have a leg amputated, leaving you with reduced mobility and causing long-term depression.
  • A Bolam test for medical negligence concludes that a nurse failed to correctly read the label on your medication, resulting in the wrong dosage being prescribed. This medication error causes an overdose, leaving you hospitalised and suffering from liver damage.
  • A doctor misdiagnoses a patient when they mistake the typical symptoms of breast cancer for a cyst. The medical panel determines that the doctor didn’t perform an adequate check-up or order diagnostic tests. As a result of this medical misdiagnosis, the cancer spreads and becomes much harder to treat.

You can contact our advisors for further advice on what evidence might be required to support a medical negligence claim. They can discuss your specific experiences and help see if you could be connected to one of the No Win No Fee solicitors from our panel.

A female patient lies in a hospital bed

Establishing A Duty Of Care With The Bolam Test

Since its introduction, the Bolam test has become a benchmark for establishing a duty of care owed to patients. For a claim involving clinical negligence to be potentially valid, it needs to meet the following criteria:

  • A duty of care was owed
  • That duty was breached
  • The breach directly resulted in avoidable or unnecessary harm

As there is no specific legislation in place to determine the exact duty of care owed to a patient, the Bolam test can be helpful in medical negligence claims. However, there are limits to the Bolam test for medical negligence.

In particular, the Bolam test’s scope may be potentially narrowed by its focus on current standards of medical care rather than on best or alternative practices. Additionally, some have criticised the test for placing too much value on the opinions of medical experts.

Therefore, the National Institute for Health and Care Excellence (NICE) has established clinical guidelines for the government, the NHS and patients. NICE is a non-departmental public body which uses evidence-based recommendations to inform their guidelines. These aim to support the knowledge and skills of medical professionals while establishing a guide to improve health and care for England and Wales.

You can contact our team at any time if you would like to discuss the guidance that medical professionals should follow or the limits of the Bolam test on medical negligence.

Get Free Advice From Medical Negligence Claims Care

You can get free advice from our team 24 hours a day. Our advisors are always ready to help, whether that’s to answer any questions you have about the Bolam test or provide guidance on how medical negligence can be proven. They can also assess the validity of your case and potentially connect you to a medical negligence solicitor from our expert panel.

Our panel of solicitors represent clients through a Conditional Fee Agreement (CFA). This type of contract works on a No Win No Fee basis, meaning you won’t have to pay any solicitor fees:

  • Before your medical negligence case begins
  • While your case is underway
  • If you do not receive compensation

In the event that you do win, you will pay a success fee to your solicitor. This is the percentage of your compensation that you give to them for their services. There is a cap on the percentage of how much can be taken, so you can rest assured that you will keep the majority of what you get.

Besides the benefits of a CFA, working with one of the solicitors from our panel can give you access to a range of services, including:

  • Helping obtain evidence to support your case
  • Negotiating a settlement on your behalf
  • Explaining the claims process and any terms you’re unfamiliar with
  • Providing regular case updates and handling correspondence on your behalf

With decades of combined experience in handling medical negligence cases, they have the expertise needed to support you at every stage of the claims process. They’ve successfully represented people across the country, and you could be next.

Contact Us

If you’re ready to get started, reach out today to take your first steps towards claiming the compensation you deserve. There are no obligations once you get in touch, so please don’t hesitate to use the details below for free and confidential advice:

Solicitors sit at a desk taking notes on using the Bolam test for medical negligence

More Information

Read our other medical negligence claim guides:

External resources:

Thank you for reading our guide on the Bolam test and medical negligence.