Medical negligence and diagnosis: further inroads into Bolam?

Abstract

The Bolam test allows medical professionals to set the standard of care in medical negligence litigation. There is growing recognition that the medical professional’s duty to the patient is complex and multifaceted and that Bolam may not be appropriate with respect to some aspects of the duty. Significantly, it has been rejected with respect to the duty to inform. Recent cases involving diagnosis and cancer screening raise questions about its application to these aspects of the medical professional’s duty. It is timely to consider further inroads into Bolam by curtailing its application to diagnosis and rejecting its application to screenings tests.