Question:
How does the Bolitho clarification affect the application of the Bolam Test?
How does the Bolitho clarification affect the application of the Bolam Test?
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Bolam Test: Protects professionals who follow accepted professional practice.
Bolitho Test: The accepted professional opinion must also be logically defensible.
Updated On: Jul 9, 2026
- It makes the Bolam Test applicable only to criminal cases.
- It asserts that professional opinion must have a logical basis to be protected from negligence claims.
- It mandates that only one expert witness is ever allowed in court.
- It eliminates the "reasonable person" standard for doctors.
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The Correct Option is B
Solution and Explanation
Concept:
The passage explains that under the Bolam Test, a professional is not negligent if they follow a responsible body of professional opinion. However, the Bolitho decision qualifies this by allowing courts to reject professional opinion if it lacks a logical basis.
Step 1: Understand the relationship between Bolam and Bolitho.
Bolitho ensures that professional opinion is not accepted blindly; it must also be reasonable and logically defensible.
Step 2: Analyse the options.
• Applicable only to criminal cases -- Incorrect.
• Professional opinion must have a logical basis -- Correct.
• Only one expert witness allowed -- Incorrect.
• Eliminates the reasonable person standard -- Incorrect.
Step 3: Final conclusion.
Hence, the Bolitho clarification means that \[ \boxed{\text{professional opinion must have a logical basis to receive legal protection.}} \]
Bolitho ensures that professional opinion is not accepted blindly; it must also be reasonable and logically defensible.
Step 2: Analyse the options.
• Applicable only to criminal cases -- Incorrect.
• Professional opinion must have a logical basis -- Correct.
• Only one expert witness allowed -- Incorrect.
• Eliminates the reasonable person standard -- Incorrect.
Step 3: Final conclusion.
Hence, the Bolitho clarification means that \[ \boxed{\text{professional opinion must have a logical basis to receive legal protection.}} \]
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