What ought to be done became, by default, what reasonable doctors would ordinarily do. This is where the Bolam Test comes in, and is used as a standard to determine if the a patient has been mistreated or not. improvement especially regarding the . Ong J’s judgment was overturned by the Federal Court but was subsequently upheld by the Privy Council in Chin Keow v Government of Malaysia & Anor [1967] 2 MLJ 45 (by then the Federation of Malaya had become … In the well-known Malaysian case of Foo Fio Na v Dr. Soo Fook Mun & Anor [2007] 1 MLJ 593, the Federal Court, on 29/12/06, in its judgement declared inter alia, that the Bolam Test which is often used as the ground in determining the standard of care in regards to matters on medical negligence in Malaysia is no longer suitable to be applied. In Bolam v. Friern Hospital Management Committee, the test is originally used to determine medical negligence. In 2006 the highest Malaysian court, the Federal Court, held in Foo Fio Na v Dr Soo Fook Mun [2007] 1 MLJ 593 (hereafter Foo Fio Na) that the Bolam test is not relevant in ‘all aspects of medical negligence cases.’. In medical negligence litigation, the 'Bolam' test is cited as the starting point. The Federal Court, in answering the leave question aforementioned, looked into the development of the Bolam test in Malaysia, as propounded in Bolam v Friern Management Committee. The penalty for ill-treating a patient is a fine or up to RM10,000 and/or up to 2 years of jail. Surgeon did not specifically inform her of this risk. Therefore, the application of the Bolam Test in medical negligence cases would be that the medical practitioners themselves would know better the standard of care required of a medical practitioner as compared to judges who are not medically trained. The Bolam test became the applicable law in relation to medical negligence following Chin Keow v Government of the Federation of Malaya. The Bolam test was deemed to confer undue deference to the medical profession due to the courts’ reluctance to define the term, ‘a responsible body of medical opinion’. This too was the test for the standard of care for medical negligence cases in Malaysia. The law should recognise the duty of the doctor disclosing the risk to a patient and should not be discarded as it might have if the Bolam test was applied here. Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. Professional to use Skilled Persons Ordinary Care . The Singapore Journal of Legal Studies has been in continuous publication since 1959 and is a faculty managed publication. The famous Bolam Test established in the case of Bolam v Friern Hospital Management Committee 2 All ER 118 has no relevance to the duty and standard of care of a medical practitioner in providing advice to a patient on the inherent and material risks of the proposed treatment. 19 The test is suited for these aspects as it recognises that doctors possess expert knowledge on medical matters. The Journal continues to interest lawyers, academics and observers in and outside the common law world. Abstract. The question then is, with medicine being so technical and specialised, who sets or determines these standards of care? Nonetheless, both the body of medical professionals and the courts have their individual roles to play and work in tandem with each other in order to ensure the best quality of medical care afforded by medical practitioners. Request Permissions. The Bolam Test in Malaysia 48. The HC rejected the Bolam test. © 1995 National University of Singapore (Faculty of Law) Bolam Rules in Singapore and Malaysia – Revisited The classic Bolam test for medical negligence, controversial for its doctor-centric approach, has long been under attack when applied to a particular aspect of the doctor’s duty, namely the duty to inform. (McNair J.) application of the original English Bolam test in the 1960s to the current legal position as decided by the highest Malaysian court decision in Foo Fio Na v Dr Soo Fook Mun (2007) 1 MLJ 593. Prior to 29/12/06 the test for medical negligence accepted by the Courts in Malaysia was generally known as the Bolam Test or the BolamPrinciple. This test was applied to determine the doctor's standard of care in relation to the treatment and information given to the patient. SJLS is run by the Faculty of Law, National University of Singapore from which it draws its Editorial Committee. The determination of the standards of care in this case shifted from being determined by the body of medical professionals themselves to one of judicial determination. T This has thus far attracted criticism as to the deference such a … 593 ('Foo Fio Na'), the Federal Court of Malaysia rejected the Bolam test in duty of disclosure of risks cases and endorsed the patient-centered approach in Rogers v. Whitaker (1992) 175 C.L.R. Plaintiff underwent operation and there was a risk. Using the words of McNair J, conveniently referred to as the Bolam Test [3], ... (1982) MLJ and Elizabeth Choo v Government of Malaysia (1968) 2 MLJ 271. Simply put, the Bolam Test was essentially that the body of professionals themselves were the best people to determine the standard of care. In the well-known Malaysian case of Foo Fio Na v Dr. Soo Fook Mun & Anor [2007] 1 MLJ 593, the Federal Court, on 29/12/06, in its judgement declared inter alia, that the Bolam Test which is often used as the ground in determining the standard of care in regards to matters on medical negligence in Malaysia is no longer suitable to be applied. The orthodox test for medical negligence, enshrined in the Bolam decision, has the potential to be unduly favourable to the medical practitioner. CONTENTS 24. This test was applied to determine the doctor’s standard of care in relation to the treatment and information given to the patient. JSTOR is part of ITHAKA, a not-for-profit organization helping the academic community use digital technologies to preserve the scholarly record and to advance research and teaching in sustainable ways. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a responsible body of medical opinion, they are not negligent. This does not, however, mean that the medical profession has free rein to determine the standards of care for diagnosis and treatments at their absolute discretion. The determination of the standard of care was placed in the hands of the medical profession of the same specialisation. This principle was derived from the case of Bolam v Friern Hospital Management Committee . The Bolam test may be a reminder of the old days of medical paternalism but it remains an enduring comparator in clinical ... Court rules on applicable test in medical negligence suits * - Malaysia. Indicative of a paternalistic demeanour, Bolam, prima facie appears to have shackled and bound the judiciary from competently inquiring and dissecting medical testimony and opinion. Medical matters Bolam v Friern Hospital Management Committee had been accepted by the Courts Kingdom, Singapore the. Described ‘ the deep ossification of the Bolam case though, there is a fine or up RM10,000... 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