Dr Jock Mackenzie considers recent clinical negligence cases which raise the question of when the Bolam, Montgomery, and Penney tests should apply

In EXP v Charles Simon Barker [2017] EWCA Civ 63, the Court of Appeal (Black, Irwin, and Henderson LJJ) rejected an appeal by a neuroradiologist, B, against the decision of Kenneth Parker J. The claim concerned the negligent failure by B to identify on an MRI scan in 1999 a right cerebral artery aneurysm, which subsequently haemorrhaged causing significant injury. The judge had been critical of B’s expert neuroradiologist, M, for his failure to disclose his association with B and, accordingly, a potential conflict of interest.

B appealed on the basis the judge had failed to apply the test in Bolam v Friern Barnet Hospital Management Committee [...

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