‘Breach of Duty and Hospital Guidelines: Thorley v Sandwell and West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB)’

“This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting. In summary, the Court found that: The guideline relied upon by the Claimant did not apply to the procedure that he underwent. In any event, even if it did apply: (a) Derogation from the guideline was not negligent in the Bolam/Bolitho sense, (b) Where there was a departure from a guideline, that did not deprive a Defendant of a Bolam defence …” (more)

[Philip Godfrey, Ropewalk Chambers, 12 October]

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