A Case That Changed The Course Of Medical Negligence Proceedings: A Comment On Bolam V/S Friern Hospital Management Committee
- IJLLR Journal
- Mar 13
- 1 min read
Parul Nishtha, IIM Rohtak
Court: Queen’s Bench (UK)
Year: 1957
INTRODUCTION:
One of the most famous that resulted in the famous Bolam Test is the Bolam v/s Friern Hospital Management Committee. The test played a crucial role in providing support and defining the tort of negligence at the medical cases.
What was the case?
Mr John Hector Bolam was a 38 or 40-year-old man who was experiencing chronic depression. He was prescribed to go through the Electroconvulsive Therapy (ECT) which involves passing an electric current to the brain to produce a generalised seizure. ECT stands out as the most peculiar medical treatment technique applied to people with severe major depression or bipolar disorder as a last resort after other treatment methods have failed. Doctors are also of the opinion that the involuntary spasms can assist the brain to restructure or more precisely rewire itself thus alleviating symptoms.
Mr Bolam began attending the ECT sessions. During the third session, he experienced violent muscle spasms which resulted in bilateral fractures of the acetabula, i.e., fracture of both pelvic hip sockets because he was not provided with the following:
1) Muscle relaxant,
2) Anaesthesia,
3) Restraint and
4) Warning
