Setting the Standards for Medical Negligence: The 'Bolam' test post 'Rogers v Whitaker'

Abstract

The High Court, in 'Rogers v Whitaker', rejected the 'Bolam' test of medical negligence, at least with respect to the giving of information and obtaining consent to medical treatment. This decision caused concern among the medical profession who felt that they were now to be judged by lawyers rather than their medical peers. The "Retrospectoscope" was to be turned upon them by people with no experience of their profession. In this paper I will look at the judgment in 'Rogers v Whitaker' and consider some cases that have had to consider how the standard of care in medical negligence cases is to be determined.