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
| Type | Article |
|---|---|
| Title | Bolam with the benefit of hindsight |
| Authors | Barton-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 Group | Law and Politics |
| Publisher | Sage |
| Journal | Medicine, Science and the Law |
| ISSN | 0025-8024 |
| Electronic | 2042-1818 |
| Publication dates | |
| Online | 08 Jul 2016 |
| 01 Oct 2016 | |
| Publication process dates | |
| Deposited | 21 Apr 2016 |
| Accepted | 18 Mar 2016 |
| Output status | Published |
| Accepted author manuscript | |
| Additional information | Published online before print July 8, 2016 |
| Digital Object Identifier (DOI) | https://doi.org/10.1177/0025802416657262 |
| Language | English |
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