Bolam with the benefit of hindsight

Article


Barton-Hanson, J. and Barton-Hanson, R. 2016. Bolam with the benefit of hindsight. Medicine, Science and the Law. 56 (4), pp. 275-284. https://doi.org/10.1177/0025802416657262
TypeArticle
TitleBolam with the benefit of hindsight
AuthorsBarton-Hanson, J. and Barton-Hanson, R.
Abstract

The aim of this article is to consider the effects of hindsight bias on findings of negligence in medico-legal litigation and of the potential of the original Bolam direction to eliminate bias from the decision making process. The Bolam test may have been expanded beyond its appropriate scope in the past but these excesses have now largely been undone. It will be shown that Bolam still has an important role to play in tort cases. By considering breach of duty cases in which the Bolitho “gloss” has been applied attention is drawn to the potential dangers of disregarding practices within the medical profession.

Research GroupLaw and Politics
PublisherSage
JournalMedicine, Science and the Law
ISSN0025-8024
Electronic2042-1818
Publication dates
Online08 Jul 2016
Print01 Oct 2016
Publication process dates
Deposited21 Apr 2016
Accepted18 Mar 2016
Output statusPublished
Accepted author manuscript
Additional information

Published online before print July 8, 2016

Digital Object Identifier (DOI)https://doi.org/10.1177/0025802416657262
LanguageEnglish
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