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The majority of litigation in relation to medical malpractice comes under the category of negligence.

When considering cases of clinical negligence, courts will assess whether the health professional or organisation in question acted in line with the practice accepted as proper by a body of health professionals specialising in the specific field under scrutiny. This is known as the ‘Bolam’ test. The case (Bolam v Friern Hospital Management Committee, 1957), involved a patient who had suffered a fractured hip during electroconvulsive therapy (ECT). No relaxant or other restraint had been given to the patient in preparation for the treatment. The case explored this, along with the information the patient had been offered. The question was asked of a group of similar professionals and it was assessed that the practitioner had not been negligent as he had acted in accordance with accepted practice at that time. This set the standard and the Bolam test is now utilised in cases of negligence as a benchmark for whether the professional concerned acted in a reasonable manner. However, a judge can still make the assessment that the body of opinion is not reasonable.

There are several Acts or Laws that affect the provision of medicines which are illustrated on this timeline (see Figure 3.1).

Figure 3.1 Acts or laws affecting the provision of medicines.