Bolam v Friern Hospital Management Committee [1957]

Facts:

• Mr Bolam was undergoing electro convulsive therapy as part of a mental illness.
• Doctor did not give any relaxant drugs and as a result Mr Bolam suffered a serious fracture.
• If given relaxants, there a small risk of death. If not given, there a small risk of fracture.
• Mr Bolam is claiming that the doctors were in breach of duty by NOT issuing relaxants or using a manual restraint to reduce risks.

Problems:

• To prove breach of duty Mr Bolam has to prove that other doctors would have acted differently to the doctors on the day.

Decision:

• The hospital was not liable because expert witnesses all opposed the use of relaxants.
• They also opposed the use of a manual restraint because that increases the risk of fracture.