As an AI language model, I cannot provide legal advice. However, I can explain the Bolam test generally. The Bolam principle is a test used in medical negligence cases in the United Kingdom to determine whether a medical professional was negligent in their treatment of a patient. The Bolam test measures whether a doctor has acted in accordance with a responsible body of medical opinion, even if that opinion is not universally held. The court evaluates whether the medical practitioner acted in a manner that was consistent with the standards of a responsible body of medical practitioners, and determining if the action falls within the boundaries of common medical practice.
In the case of Roger v Whitaker, which relates to an eye surgery operation, the application of the Bolam principle would involve an assessment of whether the treatment Roger received was in line with what a responsible body of medical professionals would have considered reasonable. If the practitioner’s actions were deemed consistent with a responsible body of medical opinion, then it may be concluded that there was no negligence or wrongdoing. Conversely, if the practitioner’s actions are found to be outside the realm of responsible medical opinion, it may result in a finding of negligence and compensation award for the plaintiff. It is important to note that the application of the Bolam test will ultimately depend on the facts and complexities of each individual case.
what would happen if the bolam principle was applied in the case of Roger v Whitaker
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