RT Journal Article
SR Electronic
T1 Medical negligence: who sets the standard?
JF Journal of Medical Ethics
JO J Med Ethics
FD BMJ Publishing Group Ltd and Institute of Medical Ethics
SP 135
OP 137
DO 10.1136/jme.11.3.135
VO 11
IS 3
A1 K M Norrie
YR 1985
UL http://jme.bmj.com/content/11/3/135.abstract
AB 'The law imposes the duty of care: but the standard of care is a matter of medical judgment'. So says Lord Scarman, outlining the hitherto accepted 'Bolam' standard, in his recent speech in the House of Lords decision of Sidaway v Bethlem Royal Hospital, reflecting earlier judicial dicta suggesting that it is for the medical profession rather than the courts to determine whether or not a medical practitioner has achieved the required standard of care (1). It is suggested here that this concept is bad in principle, and that the weight of judicial authority is against it.