Standard setting and litigation

Abstract

The courts apply the standard of the reasonable professional exercising a particular skill to determine liability. This is known as the Bolam test. If there is a body of competent professional opinion that supports the defendant's actions, a claim for negligence will fail. The standards applied are those that were acceptable at the time of the alleged negligence. Lower locally agreed standards would not be accepted in place of higher national ones. The courts do not accept a concept of team liability. Lack of resources is not an acceptable defence to a failure to provide the correct standard of care. Standards in NHS agreements are not enforceable by the patient but may be of evidential value in litigation.