Bolam Test

The Bolam Test is a well-known test applied primarily in medical negligence lawsuits. It is sometimes applied in other areas of professional negligence although this should only be done with caution.

The Bolam test takes its name from Bolam v Friern Hospital ([1957] 1 WLR 583) where the judge held that a professional is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art. In other words, even if some other medical professionals disagree with what was done, the defendant doctor can still win the lawsuit even some responsible doctors agree with this actions.

There are some who take the view that this approach unduly protects the medical profession. In Singapore, the Bolam test was accepted by the Singapore Court of Appeal in Dr James Khoo v Gunapathy [2002] 2 SLR 414; [2002] SGCA 25, subject to the constraints laid down in the later case of Bolitho v City and Hackney Health Authority [1998] AC 232; [1997] 4 All ER 771 . This later case will be discussed in a later posting

[The letters and numbers appearing after the name of a case are its citation. This is useful for lawyers when it comes to finding the case in the library. For instance, [2002] 2 SLR 414 means that the case is in the Singapore Law Reports volume 2 for the year 2002 at page 414.]