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bolitho v city and hackney health authority

In the case of Bolitho v City and Hackney Health Authority, the House of Lords has decided on the test to be applied in cases of what I would call "secondary negligence". Bolitho, then 2 years-old, was admitted to hospital suffering from croup. The doctor summoned to deal with the matter never received the summons due to a low battery on her bleep. Bolitho v City and Hackney Health Authority. Bolitho v City and Hackney Health Authority may prove to be revolutionary in medical malpractice litigation. Start This article has been rated as Start-Class on the project's quality scale. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Facts: A 2-year-old boy arrived at the hospital experiencing breathing problems. Areas of applicable law: Tort law – Duty of care – professional negligence. (APPELLANT) v. CITY AND HACKNEY HEALTH AUTHORITY (RESPONDENTS) ON 13 NOVEMBER 1997 LORD BROWNE-WILKINSON My Lords, This appeal raises two questions relating to liability for medical negligence. The House dismissed the claimant’s case: the defendant health authority had not failed to take reasonable care. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! List: Principles of Healthcare Law Section: Essential reading Next: Gregg v Scott Previous: Bolam v Friern Hospital Management Committee. How do I set a reading intention. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Montgomery v Lanarkshire Health Board, Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound) [1961], Fairchild v Glenhaven Funeral Services [2003], Barnett v Chelsea and Kensington Hospital Management Committee [1969], Bolitho v City and Hackney Health Authority [1998] AC 23, R (Freedom and Justice Party) v SS Foreign & Commonwealth Affairs: How Should International Law Inform the Common Law. and (2) If she would not have intubated, would that have been negligent? Registered Data Controller No: Z1821391. The Court had to decide, as a matter of causation, what would the doctors have done had they attended the claimant (based on the doctor’s evidence), and then whether this hypothetical act was negligent. In-house law team, TORT – NEGLIGENCE – STANDARD OF CARE FOR MEDICAL PROFESSIONALS – CAUSATION. He was revived, but after nine or ten minutes without full respiratory and cardiac functions. The exact reasons were as follows: Dr. Dinwiddie’s view was that these symptoms did not show a progressive respiratory collapse and that there was only a small risk of total respiratory failure. This case was more complicated because of the overlapping questions of breach and causation. Whilst a layman may conclude that the doctors acted negligently, a Court is unable to ignore evidence from a professional that is capable of standing up to rational analysis. Bolitho v City and Hackney Health Authority [1997] 4 All ER 771: A two-year old boy suffered brain damage as a result of the bronchial air passages becoming blocked leading to cardiac arrest. Intended for healthcare professionals. MENU. LORD BROWNE-WILKINSON. Bolitho v City and Hackney Health Authority: HL 24 Jul 1997 References: Gazette 10-Dec-1997, Times 27-Nov-1997, [1997] UKHL 46, [1998] AC 232, [1997] 4 All ER 771, [1997] 3 WLR 1151 Links: House of Lords , Bailii Add to My Bookmarks Export citation. The House of Lords had to decide whether the defendant failed to take reasonable care, and whether this caused the claimant harm. The defendant argued that, as a matter of causation, even if they had attended the claimant they would not have been able to help him. Jones RD. Legal versus medical causation. City and Hackney Health Authority (respondents) Indexed As: Bolitho Estate v. City and Hackney Health Authority. Dr. Roberton described it as “a major undertaking–an invasive procedure with mortality and morbidity attached–it was an assault.” … In those circumstances it cannot be suggested that it was illogical for Dr. Dinwiddie a most distinguished expert to favour running what, in his view, was a small risk of total respiratory collapse rather than to submit Patrick to the invasive procedure of intubation. Explore now. In … The test is based on a long line of cases dating back more than a hundred years, but it takes its authority in modern times Bolitho v City and Hackney Health Authority [1998] AC 232. The case concerned a hypothetical situation that would have existed had the Claimant been referred for necessary investigations sooner. BOLITHO (ADMINISTRATRIX OF THE ESTATE OF PATRICK NIGEL BOLITHO) (DECEASED) (A.P.) Bolitho had a third episode. Take a look at some weird laws from around the world! He noted that it was not enough for the defendants to raise some expert evidence from doctors who would have, or do, act in the same way as the defendants. Lord Browne-Wilkinson said: The use of these adjectives -responsible, reasonable and respectable- all show that the court has to be satisfied that the exponents of the body of opinion relied upon can demonstrate that such opinion has a logical basis. Instead, the question is whether a reasonable or respectable body of the profession would do this, or take this opinion. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation.. Facts Bolitho remained restless and out of breath, so was brought back into hospital the following day. JISCBAILII_CASES_TORT Bolitho v. City and Hackney Health Authority [1997] UKHL 46; [1998] AC 232; [1997] 4 All ER 771; [1997] 3 WLR 1151 (13th November, 1997) HOUSE OF LORDS Lord Browne-Wilkinson Lord Slynn of Hadley Lord NolanLord Hoffmann Lord Clyde OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE BOLITHO (ADMINISTRATRIX OF THE ESTATE OF PATRICK NIGEL BOLITHO) Bolitho v City & Hackney Health Authority [1997] 3 WLR 1151 House of Lords A 2 year old child was admitted to hospital suffering from breathing difficulties. They said that they would not have failed to take reasonable care if, on attending Bolitho, they would have done nothing. Bolitho v City & Hackney Health Authority [1997] 3 WLR 1151 House of Lords A 2 year old child was admitted to hospital suffering from breathing difficulties. Case Summary Company Registration No: 4964706. Facts. Search Browse; Resources Medical Law - English Tort Law - Bolitho v. City and Hackney Health Authority *UK LAW* - Essential for Medical Interviews & Examinations of all levels. Low This article has been rated as Low-importance on the project's importance scale. Bolitho brought an action in the tort of negligence against the defendant health authority. The claimants argued that the doctors failed to take reasonable care by not attending to Bolitho after the call from the nurses. Therefore, he continued on the basis that had the doctor attended Bolitho they would not have intubated him. The case of Bolam v Friern Hospital had established that professionals will not be in breach of their duty if they acted in accordance with practices accepted as proper by a responsible body of other medical professionals with relevant expertise. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. James Watt. Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Nolan, Lord Hoffmann and Lord Clyde. Bolitho v City and Hackney Health Authority This information is only available to paying isurv subscribers. This chapter discusses the legal case between Bolitho v. City & Hackney Health Authority [1996], including the detail of the case and its implications. In the words of Lord Browne-Wilkinson: There were, therefore, two questions for the judge to decide on causation: (1) What would Dr. Horn have done, or authorised to be done, if she had attended Patrick? Bolitho. The child’s mother sued for negligence, arguing that the child should have been seen and intubated. The Court therefore held that the doctors had not failed to take reasonable care, and the claimant’s case was dismissed. To set a reading intention, click through to any list item, and look for the panel on the left hand side: . A doctor was summoned but did not attend as her bleep was not working due to low battery. The test to be applied was set out by Lord Browne-Wilkinson in Bolitho v City and Hackney Health Authority [1997] UKHL 46. Patrick Bolitho, a two-year-old, was admitted to St Bartholomew’s Hospital suffering from respiratory difficulties. Hong Kong Med J. TORT – NEGLIGENCE – STANDARD OF CARE FOR MEDICAL PROFESSIONALS – CAUSATION. The child died as a result. He was completely unable to breath and entered cardiac arrest. A child was brought to a hospital suffering from breathing abnormalities. 17th Jun 2019 Bolitho V. City and Hackney Health Authority The Test in Cases of Secondary Medical Negligence Martin Spencer . He was discharged after 4 days. Preview. She therefore notified the doctor and asked him to see the claimant. Case analysis: Bolitho versus City and Hackney Health Authority. This action was continued by Bolitho’s mother as adminastrix of his estate. BOLITHO (ADMINISTRATRIX OF THE ESTATE OF PATRICK NIGEL BOLITHO) (DECEASED) (A.P.) The child died as a result. AVMA Medical & Legal Journal 1999 5: 1, 17-20 Download Citation. Reference this The doctor testified that they would not have intubated the patient even if they had attended, and an expert witness agreed this was proper. 1. In addition, the claimant must show that but for the breach, the harm would not have arisen (causation). Mentioning: 1 - Bolitho v City and Hackney Health Authority - James Watt. In Bolitho v City and Hackney Health Authority, the House of Lords followed and applied the ‘Bolam principle’. Lord Browne-Wilkinson upheld the trial judge’s decision on the first question, concluding they had satisfactorily considered this point. The issue is whether this satisfied the Bolam test, and whether causation was established. 豪 … Type Legal Case Document. Main arguments in this case: A medical professional can be held negligent even if the standard of care he or she applied in treating a patient was in accordance with the other professional in his or her field. The question of breach was a bigger concern of the House. Whilst a layman may conclude that the doctors acted negligently, a Court is unable to ignore evidence from a professional that is capable of standing up to rational analysis. Bolam sets out that a doctor is not negligent if they have acted in accordance with a responsible body of opinion. Whilst Lord Browne-Wilkinson felt, as a layman, that the doctor should have incubated the claimant, applying the Bolam principle he had to consider the doctor’s evidenceas it was based on logical grounds. The doctor summoned to deal with the matter never received the summons due to a low battery on her bleep. Mr Jones argued that the obstetrician was negligent on the basis of the test in Bolitho v City and Hackney Health Authority [1998] AC 232, refined in Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. This item appears on. This is exemplified by cases such as Bolitho v City and Hackney Health Authority, Chester v Afshar, and Montgomery v Lanarkshire Health Board. Bolitho v City and Hackney Health Authority. The lead judgement, with which the rest of the House agreed, was given by Lord Browne-Wilkinson. Announcing Visualizations: see scite Smart Citations in context. Bolitho v City of Hackney Health Authority [1997] 4 All ER 771 is a Tort Law case focusing on breach of duty, causation and the Bolam Test. [1997] UKHL 46 Expert witness In this medical negligence case, the House of Lords considered how expert evidence as to a body of professional opinion in a professional negligence case should be dealt with. The House of Lords clarified the Bolam test to include a proviso that the practice accepted as proper by a responsible body of professionals must be based on logical and defensible grounds. The nurse assigned to Bolitho observed that he was having serious trouble breathing and had gone very white. Bolitho v City and Hackney Health Authority. "Bolitho v. City and Hackney Health Authority" [1997] 4 All ER 771 is an important English tort law case, on the standard of care required by medical specialists. In Bolitho v City and Hackney Health Authority, the House of Lords followed and applied the ‘Bolam principle’. The child’s mother sued for negligence, arguing that the child should have been seen and intubated. Bolitho v. City and Hackney Health Authority [1997] 4 All ER 771 is an important English tort law case, on the standard of care required by medical specialists. Over the last quarter of a century, English medical law has taken an increasingly firm stand against medical paternalism. On the second question, Lord Browne-Wilkinson applied the Bolam principle. 2002 Jun;8(3):222-3. Bolitho v City & Hackney HA [1998] AC 232 Case summary last updated at 19/01/2020 12:07 by the Oxbridge Notes in-house law team. Re C (Female Genital Mutilation and Forced Marriage: Fact Finding) [2019] EWHC 3449 (Fam): Should the standard of proof be different for vulnerable witnesses. BOLITHO V CITY AND HACKNEY HEALTH AUTHORITY Norazlin MOHD AZMAN. Judgement for the case Bolitho v City & Hackney HA. (APPELLANT) v. CITY AND HACKNEY HEALTH AUTHORITY (RESPONDENTS) ON 13 NOVEMBER 1997. In this case, refusing to intubate the child was not illogical, and so there was no breach. Bolitho v City and Hackney Health Authority (1993) 4 Med LR 381 COURT OF APPEAL Lord Justice DILLON, Lord Justice FARQUHARSON, and Lord Justice SIMON. Set Notification . The case of Bolitho v City and Hackney Health Authority dates back to 1997 and concerned the treatment of a sick child in hospital. The House of Lords held that it is not possible for a defendant to argue that a breach did not cause the harm, because but for the breach, some other breach would have been committed. AVMA Medical & Legal Journal volume 5, issue 1, P17-20 1999 DOI: 10.1177/135626229900500104. VAT Registration No: 842417633. Free resources to assist you with your legal studies! House of Lords. The doctor on shift, was requested to deal with the child’s breathing abnormalities. My Lords, This appeal raises two questions relating to liability for medical negligence. It was agreed that the only course of action to prevent the damage was to have the boy intubated. The doctor summoned to deal with the matter never received the summons due to a low battery on her bleep. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation. As a result, the claimant suffered severe brain damage and then died. The Bolam test has no relevance to the first of those questions but is central to the second. Do you have a 2:1 degree or higher? Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. As such, it was necessary to assess whether the doctor would have been in breach if they had attended and not intubated the child. November 13, 1997. Special Standards - The skilled defendant Bolitho v City and Hackney Health Authority A child was brought to a hospital suffering from breathing abnormalities. 1. This happened a second time, and the nurse explained to the doctor what had happened over the phone. City and Hackney Health Authority continued (back to preceding text) Where, as in the present case, a breach of a duty of care is proved or admitted, the burden still lies on the plaintiff to prove that such breach caused the injury suffered: Bonnington Castings Ltd. v. Wardlaw [1956] A.C. 613; Wilsher v. Looking for a flexible role? <—– Previous case Intubation is not a routine, risk-free process. V was in hospital and suffered respiratory problems twice and recovered, the doctor having failed to … If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. Summary: On January 16, 1984, two year old Patrick Bolitho was admitted to the hospital with croup. The two-stage test, as applied to this case, was: A child was brought to a hospital suffering from breathing abnormalities. Bolitho v City and Hackney Health Authority1 IN recent years, considerable criticism has been levelled at the test for determining the standard of care in negligence with respect to persons within the medical profession. The We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. Loading ... 【Bolam V Friern Hospital Management Committe 1957】Full Video - Duration: 7:59. Bolam v Friern Hospital Management Committee, Next case —–> Establishing the tort of negligence involves establishing that the defendant breached their duty of care to the claimant. Bolitho v City and Hackney Health Authority House of Lords Citations : [1998] AC 232; [1997] 3 WLR 1151; [1997] 4 All ER 771; [1998] PIQR P10; [1998] Lloyd’s Rep Med 26; (1998) 39 BMLR 1. Why Bolitho v City and Hackney Health Authority is important. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. 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