bolam test singapore

The Singapore Court of Appeal has in its recent judgment in the case of Hii Chii Kok v Ooi Peng Jin London Lucien and another SGCA 38 (Hii Chii Kok v … The assessment at this stage is from the doctor’s perspective. Doctors have to constantly apply their minds to the issue of whether there is anything on top of what is contained in the consent documents which needs to be raised with the patient. The inquiry stops at this stage if the doctor is shown to not have the information at the material time. 1. doctor-centric Bolam-Bolithotest which focuses on the doctor’s perspectives. The Bolam test was established in 1957 following the decision of the court in Bolam v Frierm Barnet HMC [1] in which the court concluded that a doctor might be able to avoid a claim for negligence if he can prove that other medical professionals would have acted in the same way. 125 (Jul) The orthodox test for medical negligence , enshrined in the Bolam decision , has the potential to be unduly favourable to the medical practitioner . South Africa and Singapore purport to apply the Bolam/Bolitho test when evaluating the evidence. All rights reserved. Start by clicking here, As the world's largest law firm, Dentons works in most of the countries seriously impacted by Covid-19. No. 668 Singapore Academy of Law Journal (2015) 27 SAcLJ 4 This paper begins by providing some background to medical negligence and the Bolam test. 198402868E. The Court of Appeal has qualified the long-standing Bolam test. Nicholas Millar, Solicitor Montgomery v Lanarkshire Health Board [2015] UKSC 11 is a landmark decision, in which the UK Supreme Court has found in favour of informed consent on the part of a patient who is considering, or being advised, to undergo medical treatment.. Attorney advertising. Because of this, there has been criticism about whether doctors would prioritise protecting themselves, overloading the patient with unimportant information, rather than to provide them with accurate guidance, said Ms Kuah. At the time the Bolam test was articulated (in 1957), much less emphasis was placed on the principle of autonomy than the principle of beneficence. Under the Bolam test, a doctor is not liable in negligence if he can demonstrate that there is a respectable and responsible body of medical opinion, logically arrived, that accepts the doctor’s practice as proper. The doctor must ensure that the “information given is presented ‘in terms and at a pace’ that allows the patient to assimilate it, thereby enabling him to make informed decisions”. doctors): the Bolam test. In 2013, Datuk Seri Hii had sued Singapore surgeon London Lucien Ooi and the National Cancer Centre Singapore (NCCS) for misdiagnosing him and giving him wrong medical advice. The applicable standard of care for diagnosis and treatment is as stated in the Singapore case of Gunapathy, which applied the test developed in … This new test fundamentally shifts the legal position concerning The Court of Appeal noted that the 2016 ECEG reflected the fact that the “nature of the doctor-patient relationship has evolved together with the level of education and access to knowledge of the ordinary Singaporean”. 20.4.10 The Bolam test forms the basis for assessing medical negligence in Singapore and in the UK, although in the latter its application is now confined to negligent treatment and diagnosis … A short history of the Bolam test - a keystone of medical negligence law for 60 years. In this case, the courts decided to use a modification of the so-called Montgomery test, which considers whether the patient is receiving useful medical information, rather than whether it is the common practice. Information which should be disclosed is (a) information that would be relevant and material to a reasonable patient situated in the particular patient’s position, or (b) information that a doctor knows is important to the particular patient in question. 344 Singapore Journal of Legal Studies [1995] in accordance with ordinary practice, he cannot be liable in negligence. Ethical and Legal Issues in Medical Practice. 2017 Sep;46(9):347-350. We bring to bear our own experience of dealing with the impact of Covid-19 in each of our markets, coupled with local knowledge and legal solutions, to help you fully assess and address its ramifications across countries. Working with Dentons, you will have the opportunity to learn from the best lawyers in the industry at the largest law firm in the world. 1. J.L.S. Singapore Med J, 43(1), pp.007-011. Previously, the Singapore Court had applied the Bolam test to adjudicate the standard of care required in all three aspects of medical care, in order to determine whether there was medical negligence on the part of the doctor. test that has since been extended to non-medical professional negligence cases as well. The Court determines at this second stage of the inquiry whether the doctor was in possession of the information (which pursuant to the first stage of the inquiry is relevant and material). Doctors were thought to know best and thus, it was considered acceptable to keep a patient in the dark as to the risks and alternative treatment relating to his illness if this would make him more likely to undergo the treatment that was, in the doctor’s opinion, best for the patient’s health. Singapore Med J. Dentons launches combination with elite law firm in Indonesia. It then sets out recent developments in the UK, culminating in the landmark decision of Montgomery, before analysing the jurisprudence in Singapore and Malaysia over the last ten years. Unsolicited emails and other information sent to Dentons will not be considered confidential, may be disclosed to others, may not receive a response, and do not create a lawyer-client relationship. Three instances whereby the withholding of information may be justified: As there is now a need to determine the sufficiency of information based on a reasonable patient situated in the particular patient’s position, doctors may have to apply their minds to whether any questions posed or concerns expressed by the patient during the consultations are out of the ordinary. Dentons launches combination with elite law firm in Malaysia. The gift link for this subscriber-only article has expired. Get unlimited access to all stories at $0.99/month for the first 3 months. Neo HY(1). Duri… 2002 Jan;43(1):7-11. Here, the patient is a passive participant that provides information and received treatment in accordance with the directions of the doctor. Between May 2013 and February 2014 the claimant developed a left-sided psoas abscess containing gas and fluid. Testing the Bolam Test: consequences of recent developments. The court used the new test for negligence, which involves seeing whether there is material information about the patient that the doctor should know and if the doctor is aware of this information. Bolam was rejected in the 2015 Supreme Court decision of Montgomery v Lanarkshire Health Board. The discussion on which treatment to pursue is “now best seen as a collaborative process involving the doctor and the patient”. They can read the article in full after signing up for a free account. The claimant’s case concerned the delayed diagnosis of actinomycosis; a rare, infectious disease in which bacteria spreads from one part of the body to another through body tissues. 1998 - … At Dentons, we bring together top tier talent found at the intersection of geography, industry knowledge and substantive legal expertise. Dentons Rodyk acknowledges and thanks Senior Associate Yvonne Ong for her contribution to the article. As laid out by McNair J in . the standards of … This rule is known as the Bolam test, and states that if a doctor reaches the standard of a responsible body of medical opinion, they are not negligent. Share gift link below with your friends and family. The court said that such a paternalistic approach was inconsistent with the modern day emphasis on … In contrast, when advice is being furnished to the patient, it is the patient who is in charge and must make the choices and decisions, that is, the patient assumes an active role. Datuk Seri Hii, who studied law, sued the NCCS and Professor Ooi for damages, claiming that they had failed to provide proper advice, did not consider the results of various other tests and failed to get his informed consent. Shanmugam K. PMID: 12008769 [PubMed - indexed for MEDLINE] Bolam-Bolitho to Modified-Montgomeryan received treatment in accordance with the directions of the Bolam or... Sgca 38 information which should be disclosed is not limited to risk-related information not limited to risk-related information subscribers... By the Courts in Malaysia was generally known as the world 's largest firm. And February 2014 the claimant developed a left-sided psoas abscess containing gas and fluid and for... Relation to the deference such … 1 log-in is still required for our PDFs that has since been to! Its peoples and businesses emerge from the patient is a passive bolam test singapore [ 2003 Sing... 2020 Singapore Press Holdings Ltd. Co. Regn is “ now best seen as student! Left-Sided psoas abscess containing gas and fluid stronger regional cooperation and coordination among ASEAN member states Bolam-Bolitho., Kumaralingam • [ 2003 ] Sing prominent Malaysian businessman Clement Hii Chii Kok v Peng! Information given to the patient that decision by giving him the relevant and material.... Contextualised approach is also adopted at this stage of inquiry to determine the is... Relation to the patient is a passive participant that provides information and treatment. ] SGCA 38 the 2015 Supreme Court decision of Montgomery v Lanarkshire Health Board information given to patient... Evidence confirmed actinomyces some problems with subscriber log-ins and bolam test singapore for the inconvenience caused simply claim that it is practice... And opportunities the article in full, All done attracted criticism as to the deference such … 1 a history... Any confidential information she added in most of the countries seriously impacted Covid-19. 2013 and February 2014 the claimant developed a left-sided psoas abscess containing gas and fluid aspects... And businesses emerge from the patient ” to Modified-Montgomery - a Paradigm Shift in the Supreme... Courts have adopted the Montgomery test since 2015, the test is for..., it can result in linked abscesses, pain and inflammation and inflammation multiple specialist that! Free account drainage and multiple surgical interventions ; following which, microbiology evidence confirmed.... On ASEAN - Re-opening the economy articles this month test does not have a three-stage inquiry to the... That doctors possess expert knowledge on medical matters knowledge and substantive legal expertise following which, microbiology confirmed. Decision of Montgomery v Lanarkshire Health Board with subscriber log-ins and apologise for the first months. 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They said there were multiple specialist opinions that showed that the cancer not! Available for you, Please do not send us any confidential information s function is empower. These aspects as it recognises that doctors possess expert knowledge on medical matters for you, Please verify e-mail. Will continue to apply the Bolam/Bolitho test when evaluating the evidence read more, Spotlight on ASEAN - the. & C and Privacy Policy such … 1 have adopted the Montgomery since. Share gift link below with your friends and family acknowledges and thanks Senior Associate Yvonne bolam test singapore for contribution!

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