Pure diagnosis cases: The test of breach of duty

Enable Law | Personal Injury Law Journal | April 2020 #184
Paul Sankey provides guidance on the appropriate test for breach of duty after negligence in diagnosis ‘The judge reached the right answer to the straightforward question “did the professional exercise reasonable care and skill?”, but had to use a route through Bolam and Bolitho to get there.’ The test of what amounts to breach of …

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Negligence: Double standards

Compass Chambers | Personal Injury Law Journal | October 2011 #99
Geoff Clarke QC discusses the differing treatments of judgement by professionals at work and when they are driving home ‘Cases where claimants succeed in questions involving clinical judgement are restricted to those where the practice followed is indefensible. If a practice can be shown to be in operation, even if the balance of opinion is …

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