Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 (26 February 1957)
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 is a judgment from United Kingdom on 26 February 1957. Search it by the party names, or United Kingdom judgment.
united-kingdom
February 26, 1957
UNITED KINGDOM
Bolam
v.
Friern Hospital Management Committee [1957] 1 WLR 582
Proceeding. Judgment. United Kingdom.
Held. A professional is not negligent if he acts in accordance with a practice accepted as proper by a responsible body of professional opinion, even if other professionals would have acted differently.
BOLAM v FRIERN HOSPITAL MANAGEMENT COMMITTEE [1957] 1 WLR 582; [1957] 2 All ER 118 Queen's Bench Division 26 February 1957
Judge: McNair J
Facts
The underwent electro-convulsive therapy at the defendant's hospital. He was not given relaxant drugs or restrained. He suffered fractures. Expert opinion was divided on whether restraints or relaxants were necessary.
Held
McNair J directed the jury that 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. The jury found for the .
Key Principles
1. The Bolam test: a professional is not negligent if he follows a practice accepted by a responsible body of professional opinion.
2. There may be more than one acceptable school of thought; the court does not choose between them.
3. The test applies to diagnosis, treatment, and advice, though later cases (Bolitho) require the body of opinion to be capable of withstanding logical analysis.
Why It Matters in Sierra Leone
Bolam is the standard applied in medical negligence claims in Sierra Leone. Courts ask whether the doctor acted in accordance with a responsible body of medical opinion, rather than whether the outcome was ideal.