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Judges are not medical experts and their ability to assess evidence is limited

   

Added on  2022-11-29

6 Pages1345 Words376 Views
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Medical Law
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Judges are not medical experts and their ability to assess evidence is limited_1

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Judges are not medical experts and their ability to assess evidence is limited............................3
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6
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Judges are not medical experts and their ability to assess evidence is limited_2

INTRODUCTION
Medical negligence is misconduct done by medical practitioner or medical staff by not
complying with all acts of duty of care and not providing enough care (Jamjoom and Davis,
2019). This study is going to show evidence that must be presented at courts to judges in such
medical cases because it becomes difficult for judges to know the actual reason because they are
not doctors and their access or lack of knowledge in medical can lead injustice.
MAIN BODY
Judges are not medical experts and their ability to assess evidence is limited
Bolitho v City Hackney Health Authority [1998] AC 232: It is an important English tort
law case as it is mainly based on professional standard of care that is required to be followed or
comply by medical professionals. The reason of developing this act is to avoid or knowing
medical or professional negligence and addressing interaction with the main concept of
causation. There are several cases happen in care setting where medical professionals breach
their duty of care and due to negligence, patients die. When claimant file a lawsuit against
medical professionals of defendant then it become difficult for judges to decide what happens
actually. Because judges are not doctors so, they find difficulties to know and find out what
exactly happened with patients. So, it is the main reason of this case that can be understood in a
better way by knowing the issue and case after that this tort law, medical negligence case has
been developed (Griffith, 2020).
Issue: There is a case of Bolam and Friern hospital case where a child, Bolam brought to
this hospital because he was suffering from breathing abnormalities. The doctor that time
summoned to deal with the matter never received and the summons due to low battery on her
bleep. It caused death to child. This act established this act according to which professionals are
required to not to breach their duty of care and they are required to act in accordance with
practice accepted in a proper manner (Bolitho V City and Hackney Health Authority (1998) AC
232, 2020). It is a duty of all responsible body of medical professional to deal with patients as
per their expertise and immediate take actions for saving lives of patients. In this context doctor
or claimant said that they would not have been intubated Bolam but if they had attended and in
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Judges are not medical experts and their ability to assess evidence is limited_3

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