[78] Those findings are sufficient to determine this case in favour of the defendants. EP - 235. However, in case that approach was wrong, the judge justified his rejection of the defendantâs experts by applying the Bolam test in the light of the Bolitho qualification. Logical approach behind the âBolamâ principle: analysis of subsequent cases Careful dissection of the â Bolam â case does enable us to appreciate the logical approach in reaching a judicial decision that is justifiable, fair and reasonable rather than a very loose standard of medical care. The case came on for trial before Hutchinson J. 205. Abstract Over the last quarter of a century, English medical law has taken an increasingly firm stand against medical paternalism. If there is no logical basis for the practice, then the practice will not be defensible in court. M3 - Article. â logical analysis ... situation, 101 and cases are determined on case to case basis. [77] I also consider that the practice survives Bolitho scrutiny as being âresponsibleâ or âlogicalâ. In this post Thea Wilson of 12 KBW considers the recent case of Williams v CWM Taf Local Health Board, in which the Court of Appeal gave further guidance regarding the heavy burden on claimants of satisfying the Bolitho test.. VL - 22. SP - 225. In this case Lord Browne-Wilkinson reminded the court that they are In 1998 Lord Browne-Wilkinson challenged the authority of Bolam in the case of Bolitho v City and Hackney Health Authority [3]. Bolitho case law, Section III elucidates and categorises the factors that have indicated, expressly or impliedly, that the requisite logical basis for a defendant doctor's expert medical opinion was absent. The claim relates to treatment received by Patrick Nigel Bolitho at St. Bartholomew's Hospital on 16 and 17 January 1984 when he was two years old. The law defines this as a duty to provide care that conforms to the standard reasonably expected of a competent doctor. In teaching the rudiments of the 1957 Bolam test as âreinedâ in by the Bolitho principle, it is invariable for at least one student to ask âis it not obvious that explanations must make logical sense to the Court?â Which invariably raises the point in my mind, âThe question should be: The Bolitho principle demands that Bolam oriented statements makes logical sense to whom? This case is of interest for some readers in the use by the court of the Bolitho test to assess the logical and reasonableness of the defenders expert opinion on the question of negligence and the findings of the judge on his interpretation of the decision of the Supreme Court in Montgomery v Lanarkshire Health Board. There was a conflict of evidence between Sister Sallabank and Dr. Horn as to what was said to Dr. Horn in the course of the two telephone calls at about 12.40 and 2 p.m. Back to lecture outline on breach of duty in the law of negligence In applying the Bolam test where evidence is given that other practitioners would have adopted the method employed by the defendant, it must be demonstrated that the method was based on logic and was defensible. In Bolitho v City and Hackney Health Authority, the House of Lords followed and applied the â Bolam principleâ. 63 Other interesting post-Bolitho reviews have concentrated on different aspects, e.g. 1. 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