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Setting the Standards for Medical Negligence: The 'Bolam' test post 'Rogers v Whitaker'

  • Michael E Eburn

Research output: Contribution to conferencePaper

Abstract

The High Court, in 'Rogers v Whitaker', rejected the 'Bolam' test of medical negligence, at least with respect to the giving of information and obtaining consent to medical treatment. This decision caused concern among the medical profession who felt that they were now to be judged by lawyers rather than their medical peers. The "Retrospectoscope" was to be turned upon them by people with no experience of their profession. In this paper I will look at the judgment in 'Rogers v Whitaker' and consider some cases that have had to consider how the standard of care in medical negligence cases is to be determined.
Original languageEnglish
Publication statusPublished - 1996
EventContinuing Legal Education Seminar - Armidale, Australia
Duration: 24 Oct 1996 → …

Conference

ConferenceContinuing Legal Education Seminar
CityArmidale, Australia
Period24/10/96 → …

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Law
  • Criminal Law and Procedure
  • Medical and Health Sciences

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