Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/10001
Title: Setting the Standards for Medical Negligence: The 'Bolam' test post 'Rogers v Whitaker'
Contributor(s): Eburn, Michael E (author)
Publication Date: 1996
Handle Link: https://hdl.handle.net/1959.11/10001
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.
Publication Type: Conference Publication
Conference Name: Continuing Legal Education Seminar, Armidale, Australia, 24th October, 1996
Conference Details: Continuing Legal Education Seminar, Armidale, Australia, 24th October, 1996
Source of Publication: Presented at the Continuing Legal Education Seminar
Field of Research (FOR): 180199 Law not elsewhere classified
119999 Medical and Health Sciences not elsewhere classified
180110 Criminal Law and Procedure
Socio-Economic Outcome Codes: 940499 Justice and the Law not elsewhere classified
HERDC Category Description: E2 Non-Refereed Scholarly Conference Publication
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