The Duties of Professionals – What You Should Expect

At some point in all our daily lives we deal with professionals whether it be our local doctor or solicitor. In today’s blog post I will provide a review of the case which dictates (in legal terms) the level of service you should expect from professionals.

The case is Bolam v Friern Hospital Management Committee, and the facts of it were that the Claimant (Mr Bolam) was suffering from acute depression and was undergoing electric shock treatment to treat this. The unfortunate effect of this for Mr Bolam was that it caused him to have muscle spasms which were so severe it caused his pelvis to be fractured. As a result Mr Bolam sued the hospital treating him and argued that:

1. He should have been given drugs to relax him during his treatment.
2. He should have had a restraining sheet placed upon him whilst he was having the treatment.
3. The doctor should have warned him that a potential side effect of the treatment could be that he could break bones.

The result of the case was that the court found for the doctor and Mr Bolam’s claim was unsuccessful. The principles behind this decision which dictate whether professionals will be liable if you have made a claim are:

• If a professional has a particular skill their actions are to be judged according to the level that a reasonable person who also possesses that particular skill would be judged.
• If a professional has a claim brought against them, they will not be liable if their actions are regarded as being acceptable by a body of professional opinion.

So for example if you are bringing a claim for compensation against your GP for misdiagnosing you, your GP would only be liable if there were other members of the General Medical Council who thought that their actions were irresponsible.