The Bolitho Test
In the case of Bolitho, it was decided in effect that, if the management by a body of responsible doctors was not demonstrably reasonable, it would not necessarily constitute a defence. If professional opinion, called in support of a defence case, was not capable of withstanding logical analysis, then the court would be entitled to hold that the body of opinion was not reasonable or responsible.
Bolitho Test gives the discretionary power to the court to decide cases of Medical Negligence on the opinions of the experts. Earlier the court cannot go beyond the opinion, it has to follow the Opinion.
The Bolitho test has been mentioned in the Indian Supreme Court on only two occasions. It has stated in Samira Kohli v Prabha, where the court cleary pointed out that" A beginning has been made. in Bolitho v. City and Hackney; and Pearce v. United Bristol Health Care. We have however consciously preferred the `real consent' concept evolved in Bolam and Samira Kohli case
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