Medical Law and Judges: Assessing Evidence in Negligence Cases

This essay examines the complexities of medical negligence cases, focusing on the challenges judges encounter due to their lack of medical expertise. The introduction defines medical negligence and its implications. The main body delves into the case of Bolitho v City Hackney Health Authority, highlighting the limitations of judges in assessing medical evidence and the reliance on expert witnesses. It discusses the Bolam test and its application, emphasizing the difficulties judges face in determining causation and breach of duty of care. The essay argues that judges' limited scientific literacy and medical knowledge can lead to poor judgments, potentially promoting negligence. The conclusion reiterates the importance of addressing these challenges to ensure fair and informed decisions in medical negligence cases, and proposes that judges develop an act by which they can easily access and identify reasons of death as they are not doctors so they can understand the actual reasons.