In Bolitho v City and Hackney Health Authority (1997), the House of Lords introduced an important qualification to the Bolam test. Which statement best captures this refinement?
- A The expert opinion relied upon must be logically capable of supporting the doctor's action and withstand logical analysis, not merely exist ✓
- B A single responsible body of opinion is sufficient to exonerate the doctor
- C Negligence is decided solely by comparing outcomes between hospitals
- D The court must always accept the defendant's expert evidence without scrutiny
Correct answer: A. The expert opinion relied upon must be logically capable of supporting the doctor's action and withstand logical analysis, not merely exist
Explanation
Bolitho held that a court is not bound to accept expert evidence merely because it comes from a responsible body of practitioners; the opinion must have a logical basis and be capable of withstanding logical analysis. Option B restates the original Bolam position without the refinement, which is exactly why it tempts students who know Bolam but not Bolitho.
Reference: Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, 7th ed.
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