Discuss the quote above in relation to the development

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Problem

"The Bolam test has often been abused in clinical negligence cases, leading to culpable defendants escaping liability. That abuse was squarely and effectively addressed in Bolitho v City and Hackney Health Authority - a case which simply put in italics the word 'responsible' in the Bolam test. 'Responsible' had lain low, unexamined and undemanding since 1957. It emerged in Bolitho, promising to end the culture of immunity that a sloppy reading of the Bolam test had engendered." - C Foster and J Miola, 'who's in charge? The relationship between medical law, medical ethics, and medical morality?' (2015) Medical Law Review 23(4) p.505-530

Critically assess the quote above in relation to the development of the law regarding professional opinion as the basis for reasonableness in medical treatment and determine whether the test should return to Bolam alone, or whether it should remain Bolam & Bolitho together as exists today.

Reference no: EM133671350

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