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The role of clinical guidelines in medical negligence litigation: has India made the shift?

Malak Bhatt

DOI: 10.20529/IJME.2009.034


Abstract

India has been following English law for certain principles that are well developed in common law. On the issue of medical negligence, India had adopted the principle laid down in the Bolam case which held that a doctor is not negligent if what he has done would be endorsed by a responsible body of medical opinion in the relevant specialty at the material time. This was followed until 2001 when the first reference was made to the Bolitho test

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Bolam v. Friern Hospital Management Committee (1957) 1 WLR 582. Teff H. The standard of care in medical negligence--moving on from Bolam? Oxford Journal of Legal Studies. 1998;18(2): 473-84. Bolitho v. City and Hackney Health Authority (1997) 4 All ER 771. Department of Health, UK. The new NHS, modern, dependable. London: HMSO; 1997. Suresh Gupta (Dr) v. Govt. of NCT of Delhi (2004) 6 SCC 422. Samira Kohli v. Dr Prabha Manchanda (2008) 2 SCC 1. Brazier M, Miola J. Bye-Bye Bolam: a medical litigation revolution? Med Law Rev. 2000;8(1): 85-114. Foster C. Bolam: consolidation and clarification. Health Care Risk Report. 1998 Apr;4(5): 5. Samanta A, Samanta J. Legal standard of care: a shift from the traditional Bolam test. Clin Med. 2003; 3(5): 443-6. Binitha v Lakshmi Hospital (2001) 8 SCC 731. Maiti R, M R. Clinical trials in India. Pharmacol Res. 2007 Jul; 56(1): 1-10. Indian Medical Association v. V P Shantha (1995) 6 SCC 651.

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