Bolitho v City and Hackney Health Authority [1998] AC 232
Court: House of Lords
Basic Facts:
B suffered respiratory problems and was under the care of a nurse. Two doctors who were called did not attend, and B died. Experts were divided on whether intubation would have changed the outcome.
Issue for the Court:
If an activity is commonly practiced, is it necessarily reasonable?
Held: Appeal dismissed; D was not liable as there was no causation
Even if the doctor had attended to the child, he would not have intubated him and that would not have been negligent
Lord Browne-Wilkinson
Under Bolam, a doctor is not negligent if their conduct aligns with that of a reasonable body of medical professionals.
However, if the professional opinion is not reasonable or responsible, the defendant can be held liable.
In this case, the doctor's actions were supported by a reasonable body of expert opinion, so there was no negligence.