Bolam with the benefit of hindsight

Abstract

The aims of this article are to consider the effects of hindsight bias on findings of negligence in medico-legal litigation and of the potential of the original Bolam direction to eliminate bias from the decision-making process. The Bolam test may have been expanded beyond its appropriate scope in the past, but these excesses have now largely been undone. It will be shown that Bolam still has an important role to play in tort cases. By considering breach of duty cases in which the Bolitho ‘gloss’ has been applied, attention is drawn to the potential dangers of disregarding practices within the medical profession.