George Buttigieg, ‘Re-visiting Bolam and Bolitho in the light of Montgomery v Lanarkshire Health Board

Abstract:
This article considers the potentially untapped significance of the Bolitho test, while the Bolam test looks to be facing a challenging twilight. It re-examines the landmark House of Lords case of Nadyne Montgomery v Lanarkshire Health Board, having regard for Bolam as modified by Bolitho. Although further jurisprudential Bolam challenge is likely in the wake of the Montgomery ruling, there are grounds for re-examining Bolitho, on its own merits.

George G Buttigieg, Re-visiting Bolam and Bolitho in the light of Montgomery v Lanarkshire Health Board, Medico-Legal Journal. First Published August 21, 2017.

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