According to the Bolam Test, professional negligence in medical practice is established when a doctor's action deviates from the standard of care of:

Explanation

## The Bolam Test: Standard of Medical Negligence **Key Point:** The Bolam Test is the internationally recognized legal standard for determining professional negligence in medicine. It was established in the English case *Bolam v Friern Hospital Management Committee* (1957) and is widely adopted in Indian courts. ### Definition of the Bolam Standard A doctor is NOT negligent if they act in accordance with a practice accepted as proper by a **reasonably competent professional** in the same field, acting under the same circumstances. **High-Yield:** The standard is NOT: - The best or most expert standard (option 0) - The ideal textbook standard (option 2) - An international or foreign standard (option 3) It is the standard of a **reasonably competent peer** in similar circumstances. ### Application in Indian Law | Aspect | Detail | |--------|--------| | Test name | Bolam Test | | Origin | English common law, adopted by Indian courts | | Standard | Reasonably competent professional in same field | | Burden of proof | Plaintiff must prove deviation from accepted practice | | Expert testimony | Required to establish what is accepted practice | | Flexibility | Allows for different schools of thought in medicine | ### Key Features **Mnemonic: BOLAM** - **B**ased on peer standard (not expert or ideal) - **O**perated under same circumstances - **L**egal test for negligence - **A**ccepted practice by competent professionals - **M**edical judgment protected **Clinical Pearl:** The Bolam Test protects doctors from liability for choosing one accepted method over another, even if the alternative method might have been better. It does NOT protect a doctor who deviates from all accepted practices. **Warning:** Confusing the Bolam standard with the "best practice" standard is a common error. A doctor is not negligent merely for not using the newest or most advanced technique if the method used is accepted by competent peers. ### Landmark Indian Cases The Supreme Court of India in *Dr. Suresh Gupta v. Govt. of NCT Delhi* and *Jacob Mathew v. State of Punjab* affirmed the Bolam Test as the appropriate standard for medical negligence in India. [cite:Parikh's Textbook of Medical Jurisprudence & Toxicology Ch 4]