UK MEDICAL LAW Essay Example | Topics and Well Written Essays - 2000 words

UK MEDICAL LAW - Essay Example the fact that medical professionals are deemed ready, willing and able to provide medical treatment and advice and by implication are bound to have the necessary skill and knowledge of a reasonable medical professional.3 A registered medical professional offering his or her service is held to this standard.4 In addition, Lord Brown Wilkinson held in Wilsher v Essex Area Health Authority 1987] Q.B 730, CA [1998] AC 1074 that health authorities owe a duty of care to patients in their care.5 The question then turns on whether or not there was a breach of the standard and duty of care assigned to the medical profession on the part of Doctor Greene and/or Wilington hospital.. In determining whether or not there was a breach of the duty and standard of care, the Bolam test is applied. In Bolam v Friem Hospital Management Committee [1957] 1 WLR 582 the court devised a two-tier test to determine whether or not the medical professional or institution breached the applicable standard and duty of care.6 The first leg of the test inquires into whether or not the defendant professional acted in a manner that corresponds with the reasonable skilled person or vocation of the profession at issue.7 The second leg of the test inquires into whether or not the treatment or advice administered was consisted with a body of opinion in the profession.8 In ascertaining whether or not Doctor Greene, acting on behalf of and on the authority of the hospital complied with the Bolam standard of care, the court will look to the circumstances in which the treatment was administered and the attending physician’s post or position.9 On the facts of the case for discussion there is no specific evidence of Dr. Green’s position or post within the hospital, except that he is from the casualty department. The question then turns on whether or not a doctor in the emergency room who specializes in the treatment of children would have taken the action that Dr. Green took. Dr. Green