Mr Justice Hutchinson, the judge in the original trial, said that as a "layman" he would have thought intubation was the correct procedure (as did five of the experts). House of Lords' 1997 decision in Bolitho v. City and Hackney H.A.4 By virtue of that decision, peer professional opinion which purportedly represents evidence of responsible medical practice can be departed from, if that opinion is determined by the court to be "not capable of withstanding logical analysis", or is otherwise "unreasonable" or [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 aim of this paper is to consider whether the decision of the House of Lords in Bolitho v City and Hackney Health Authority [1997] 4 All.E.R. Bolitho v. City and Hackney Health Authority [1996] 4 All ER 771 is an important English tort law case, on the standard of care required by medical specialists. Skip to content. The document also included supporting commentary from author Craig Purshouse. Intended for healthcare professionals. Bolitho v City and Hackney Health Authority House of Lords. Hong Kong Med J. 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) Case summary last updated at 19/01/2020 12:07 by the Oxbridge Notes in-house law team. But Dr Horn argued that even if she had come to see Patrick, she would not have intubated him, and such a decision would have been consistent with a respectable body of professional opinion. The case arose out of the admitted failure by the Defendant Trust to diagnose the Claimant’s husband’s lung cancer; accordingly it was concerned with factual causation. 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". Only in "a rare case" would the courts find that the body of opinion is unreasonable. This means that the court must be satisfied that the experts directed their minds to the risks and benefits of the practice and reached a defensible conclusion. Why Bolitho v City and Hackney Health Authority is important. 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. In Bolitho v City and Hackney Health Authority, the House of Lords followed and applied the ‘Bolam principle’. View all articles and reports associated with Bolitho v City and Hackney Health Authority [1997] UKHL 46. In terms of factual causation the leading authority is Bolitho v City and Hackney Health Authority [1998] AC 232. It was agreed that the only course of action to prevent the damage was to have the boy intubated. 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. Half an hour after the second episode, Patrick suffered both a respiratory arrest and a cardiac arrest. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. In the Bolitho case the defending doctor was acquitted both at the original trial, in the Court of Appeal, and finally in the House of Lords. Five of them said they would have intubated Patrick after the second episode, let alone the first. The child died. The respiratory failure developed into cardiac arrest. See also Bolam principle. My Lords, This appeal raises two questions relating to … In 1957, The Bolam Test had stipulated that no doctor can be found guilty of negligence if they are deemed to have acted “in accordance with a responsible body of medical opinion.” The claimant presented counter-evidence from an expert who considered not intubating to be negligent. 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. It was agreed that the only course of action to prevent the damage was to have the boy intubated. The child suffered brain damage and ultimately died. This case document summarizes the facts and decision in Bolitho v City and Hackney HA [1998] AC 232. Search Google Scholar for this author. In terms of factual causation the leading authority is Bolitho v City and Hackney Health Authority [1998] AC 232. The case arose out of the admitted failure by the Defendant Trust to diagnose the Claimant’s husband’s lung cancer; accordingly it was concerned with factual causation. . This chapter discusses the legal case between Bolitho v. City & Hackney Health Authority [1996], including the detail of the case and its implications. (APPELLANT) v. CITY AND HACKNEY HEALTH AUTHORITY (RESPONDENTS) ON 13 NOVEMBER 1997. Facts: A 2-year-old boy arrived at the hospital experiencing breathing problems. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain damage. 1. However, he did not think the testimony of the other three experts was "unreasonable" or "illogical" therefore he could not dismiss them. 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. From Bolam to Bolitho: unravelling medical protectionism Christopher Stone January 2011 Introduction In 1990/91 the cost of clinical negligence claims to the NHS was estimated at around £52 million1.Twenty years later, by 2009/10, the NHS Litigation Authority (NHSLA) 1. 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