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The Supreme Court departed and overruled the earlier House of Lords case in Sidaway v Board of Governors of the Bethlem Royal Hospital, in reconsidering the duty of care of a doctor towards a patient on medical treatment. The case changed the Bolam test to a greater test in medical negligence by introducing the general duty to attempt the ...
In considering whether professional negligence was the cause of a loss where the negligence consisted of a potential lost litigation opportunity it was necessary to consider, on the balance of the probabilities, where such litigation would have been undertaken if non-negligently advised and whether such litigation would have been successful. [4 ...
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a ...
Cases are listed in order of their neutral citation and where possible a link to the official text of the decision in PDF format has been provided. The case summaries below are not official or authoritative. Unless otherwise noted, cases were heard by a panel of 5 judges. Cases involving Scots law are highlighted in orange.
Tort Law, medical negligence: Damages payable by Whittington Hospital NHS Trust to a woman who could not bear children following earlier medical negligence could include the costs of surrogacy through commercial agreements abroad. [15] Zipvit Ltd v Commissioners for Her Majesty's Revenue and Customs [2020] UKSC 15: 1 April Tax Law, Value Added Tax
Chester v Afshar [2004] UKHL 41 is an important English tort law case regarding causation in a medical negligence context. In it, the House of Lords decided that when a doctor fails to inform a patient of the risks of surgery, it is not necessary to show that the failure to inform caused the harm incurred.
Hotson v East Berkshire Area Health Authority [1987] 2 All ER 909 is an English tort law case, about the nature of causation. [1] It rejects the idea that people can sue doctors for the loss of a chance to get better, when doctors fail to do as good a job as they could have done.
Sidaway v Board of Governors of the Bethlem Royal Hospital [1985] AC 871 is an important House of Lords case in English tort law, specifically medical negligence, concerning the duty of a surgeon to inform a patient of the risks before undergoing an operation.