On this basis the Rogers v Whitaker (1992) Test would be a more appropriate and viable test of this millennium than the Bolam Test. Medical diagrams and a glossary of medical terms assist in researching injuries; Quantum conversion tables to assist in finding comparative awards in the Quantum of Damages in Bodily and Fatal Injury Cases; Quick referencing system for tables point the user to the volume and page of each case, providing quantum figures updated to 2019 if (state === 'connected') { user_id: 521, See also Potgieter, Quantum of Damages Quick Guide Juta 2014, Visser and Potgieter,The Law of Damages Juta 3 rd Edition 2012 and Koch Damages for Lost Income. Mizzi Hopkins 2003 May 7, upheld trial decision: Dec. 27/01, Coo J. The car was driven by her boyfriend and there were two other passengers in the back seat. However on the second occasion the treatment was administered by Dr C Allfrey, a senior registrar at the hospital. In tort law, a remedy is paid in the form of monetary compensation (damages). One of the results of the treatment was to cause convulsion in the nature of a fit. Contributory negligence is a partial defence, in that, if it is successful, it will not deny the claimant’s claim, but will result in the amount of damages paid to the claimant being reduced. The defendant, Dr. Christopher Rogers was sued for a negligent failure to warn of the risks of sympathetic ophthalmia. medical negligence and other delicts quickly come to mind, there are many laws where the application of actuarial criteria could add value. endstream endobj 873 0 obj <>/Metadata 116 0 R/OCProperties<>/OCGs[888 0 R]>>/Outlines 243 0 R/PageLayout/SinglePage/Pages 867 0 R/StructTreeRoot 282 0 R/Type/Catalog>> endobj 874 0 obj <>/ExtGState<>/Font<>/Properties<>/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 875 0 obj <>stream On the principle of stare decisis the Court applied the Foo Fio Na Test and rejected the Bolam Test. The consultant psychiatrist did not warn Bolam of the risks involved, one of which was the risk of fracture. The appellant appealed against the decision of the High Court judge in dismissing his claim against the respondent, the Government of Malaysia, for the negligence of their agents or servants in the performance of two surgical procedures on him. The operation was performed very skillfully but the patient developed a condition known as “sympathetic ophthalmia” which resulted in her becoming almost totally blind. Medical Negligence and Compensation in India: How Much is just and Effective? Looking across the causeway, it will be noted that the Bolam Principle has not been rejected by the Singapore Courts. Female $30,000.00 Past loss of income: $48,000.00 Jury verdict upheld despite trial … Whether Malaysia will extend the Rogers v Whitaker Test to diagnosis and treatment or whether it will, as Australia has done following the Naxakis case, restrict the Rogers v Whitaker Test by legislation to the giving of advice only, is an important decision for the future of healthcare in Malaysia. We often enough tell doctors not to play god; it seems only fair that, similarly, judges and lawyers should not play at being  doctors”. The subsequent decision of the Australian High Court in Naxakis v Western General Hospital (1999) has confirmed that the Bolam Principle does not apply in Australia in the case of advice, diagnosis or treatment. 1.2. [1] Article: “ The Standard of Care in Medical Practice” – by Mr. S. Radhakirshnan, Hon. “(1)      Bolam was a mental patient, and unlike the appellant, who has been described as ‘a bright young lady’ by the Court of Appeal, it is doubtful whether Bolam was in a position to give any consent to any treatment to be given to him; (2)       had a warning of risk been communicated to him, it is also doubtful whether he was in a position to comprehend the true nature of the risks involved; (3)       the risk of injury in the nature of a fracture to Bolam was one in ten thousand. The appellant was a front seat passenger in a motor car that crashed into a tree on the night of 11/7/82. Bolam signed a form consenting to the treatment and nothing untoward happened to him when he received the treatment for the first time. a range of quantum suggested depending on severity of injury • Factors to be taken into account such as age of patient, male or female, whether single or married • Existing case -law • Trend is due to inflation and drop in value of money, quantum is now higher • Recent brain damage together with quadriplegia RM 500,000.00 awarded The first defendant’s therapeutic privilege outweighed any duty to warn her of any material risk which would result in her refusing the life saving operation.”. The court went on to emphasise that it would be a rare case where professional opinion would fall foul of the threshold test of logic. , including negligence claims types of torts are negligence, they must prove all of man. 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