Medical negligence is established when a doctor had a duty of care to the patient, there was a breach in the duty of care and the patient suffered damage as a direct result of the breach in duty of care. The Bolam test has been traditionally used to assess two main issues of medical negligence - the standard of care as required by the law and whether the doctor accused of medical negligence has complied with that standard of care. This is decided by the medical opinion of experts and experienced doctors. The Bolam test is satisfied if it is the opinion of the experts that the medical practice followed by the doctor is proper, even in the event of a mishap.
Then he/she is not guilty of medical negligence. A doctor 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. A doctor is…
