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Forensic Medicine · Medical jurisprudence: standard of care
Sample itemIn judging whether a doctor's treatment was negligent, which test do courts apply?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
B. The Bolam test: acting in accordance with a practice accepted as proper by a responsible body of medical opinion
The Bolam test holds that a doctor is not negligent if the care was in accordance with a practice accepted as proper by a responsible body of medical practitioners skilled in that field, even if others disagree. Courts also consider whether the opinion is logical (Bolitho). A bad outcome alone does not prove negligence.
Option by option
A. The outcome of the treatment alone
Outcomes can be poor despite proper care, so outcome alone is not the test.
B. The Bolam test: acting in accordance with a practice accepted as proper by a responsible body of medical opinion (correct)
Correct. This is the Bolam standard used by courts.
C. The patient's own expectations of cure
Patient expectations do not define the standard of care.
D. The best possible care that any specialist in the world could give
The law does not require the highest possible skill but reasonable care expected of an ordinary skilled doctor.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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