Under the Bolam test (standard of care in medical negligence), a doctor is not negligent if:

• A The doctor acted in accordance with what any single medical expert considers acceptable
• B The doctor acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art, even if other doctors would have acted differently ✓
• C The outcome of treatment was favourable regardless of the technique employed
• D The doctor followed the most widely used treatment protocol in the country

Explanation

The Bolam test (Bolam v. Friern Hospital Management Committee, 1957) states that a medical professional is not negligent if they acted in accordance with a practice accepted as proper by a responsible body of medical opinion in that specialty, even if another body of medical opinion would have used a different practice. The test does not require universal consensus or the majority practice — a responsible minority is sufficient. The Bolitho modification (1997) added that the responsible body of opinion must also be capable of withstanding logical scrutiny. India has adopted the Bolam test in Jacob Mathew v. State of Punjab (2005).

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

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Written and medically reviewed by the StethoPrep medical team.