and (2) If she would not have intubated, would that have been negligent? The latter is slightly more sophisticated: it involves the factual situation that the original fault did not itself cause the injury but that this was because there would have been some further fault on the part of the defendants; the plaintiff proves his case by proving that his injuries would have been avoided if proper care had continued to be taken. The Privy Council held that even though completion in Hong Kong style was almost universally adopted in Hong Kong and was therefore in accordance with a body of professional opinion there, the defendant's solicitors were liable for negligence because there was an obvious risk which could have been guarded against. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Jurisdiction: England and Wales This case cites: (This list may be incomplete) This case is cited by: (This list may be incomplete) Leading Case Last Update: 10 March 2020 Ref: 135010 br>. . Areas of applicable law: Tort law – Duty of care – professional negligence. Main arguments in this case: A medical professional can be held negligent even if the standard of care he or she applied in treating a patient was in accordance with the other professional in his or her field. By inference, although not expressly, the judge must have accepted that Dr. Rodger also would not have intubated: as a senior house officer she would not have intubated without the approval of her senior registrar, Dr. Horn. *You can also browse our support articles here >. Although he retained his colour he became a little agitated and began to cry. At around 12.40 p.m. on 17 January there occurred the first episode. They said that they would not have failed to take reasonable care if, on attending Bolitho, they would have done nothing. Oxbridge Notes is a trading name operated by However in the present case the answer to the question "what would have happened?" (RESPONDENTS) ON 13 NOVEMBER 1997 LORD BROWNE-WILKINSON My Lords, This appeal raises two questions relating to liability for medical negligence. Again, in Edward Wong Finance Co. Ltd. v. Johnson Stokes & Master [1984] 1 A.C. 296, the defendant's solicitors had conducted the completion of a mortgage transaction in "Hong Kong style" rather than in the old fashioned English style. The House of Lords held that it is not possible for a defendant to argue that a breach did not cause the harm, because but for the breach, some other breach would have been committed. I agree with his analysis of the questions which have to be decided in cases of this kind and of the correct approach in law in deciding them. Lord Browne-Wilkinson upheld the trial judge’s decision on the first question, concluding they had satisfactorily considered this point. The child suffered brain damage and ultimately died. Case Summary Judgement for the case Bolitho v City & Hackney HA. There can be no doubt that, as the majority of the Court of Appeal held, the judge directed himself correctly in accordance with that approach. The Bolam test has no relevance to the first of those questions but is central to the second. Contains public sector information licensed under the Open Government Licence v3.0. The lead judgement, with which the rest of the House agreed, was given by Lord Browne-Wilkinson. L.R. Bolitho v City and Hackney Health Authority House of Lords. Bolitho v City & Hackney HA [1998] AC 232 Case summary last updated at 19/01/2020 12:07 by the Oxbridge Notes in-house law team. A child was brought to a hospital suffering from breathing abnormalities. Intubation is not a routine, risk-free process. The defendant (the doctor’s employer) presented expert evidence that other doctors might have done the same. This practice opened the gateway through which a dishonest solicitor for the borrower absconded with the loan money without providing the security documents for such loan. He was discharged after 4 days. 583, 587, that the defendant had to have acted in accordance with the practice accepted as proper by a "responsible body of medical men." For example, in Hucks v. Cole (a case from 1968 reported in [1993] 4 Med. The judge identified the questions he had to answer as follows: "[Mr. Owen, for the defendants] submitted therefore that (if once it was held that Dr. Horn was negligent in failing to attend at either 12.40 p.m. or 2 p.m) the sole issue was whether Patrick would on one or other of these occasions have been intubated.
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