Hi PilotMedic,
This was covered a few months ago:
Have a look here:
http://www.firstaidcafe....rumID=9&topicID=36&ARC=
I've tried to edit my comments into a readable order below:
The Bolam test (with an A!) is a test of the Duty of Care that a FA owes to their patient. It was introduced in the case of Bolam v Friern Hospital Management Committee.
The quote from the leading judgement of McNair J "A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art. Putting it another way round, a doctor is not negligent if he is acting in accordance with such a practice, merely because there is a body of opinion that takes a contrary view"
With me so far?
The courts are trying (so far relatively unsuccessfully) to move away from this ruling. It is interesting to note that this requirement of a standard of care is also imposed upon trainees.
If there is a conflict of opinion between two "expert authorities" the courts will follow either one.
The vast majority of cases concern doctors & surgeons rather than FAs.
Generally speaking the courts are very very wary of convicting "rescuers" of any sort.
It would go against moral reason. "Yes, I'm trained to help you, but I'm scared of you sueing me, so I'm gonna watch you die"
Simply speaking, as long as you only treat 'inside' of your knowledge base, ie that which you have been taught, then you should be OK. It's when people with AP who've watched Casualty and ER for a few years start trying to things!!
The trouble with legal issues is that as they are so convoluted they are easily misunderstood. For example, I was recently told by a colleague (RLSS T/A) that it was no longer acceptable to pinch somebodies ear to check responces as it is assault - which very strictly speaking is correct, but it would be practically impossible to ever bring an action.
If you ask me, legal reprecussions shouldn't even cross anybodies mind when doing FA.
If anyone wants any further explanation or details (regarding anything legal) please get in touch with me, and I'll do my best to help.
I've done a fair bit of research on WestLaw (an international legal database) and cannot find one case of Medical Negligence that involves a First Aider. There are a couple that question the Ambulance service - although they are more to do with the delay, rather than any malpractice by the personnel. Cheers. WMM
PS. For those who are interested, below is the WestLaw summary of the Bolam and Bolitho cases, if anybody would like a full report, let me know.
Bolam v Friern Hospital Management Committee
(QBD) Queens Bench Division
26 February 1957
Summary: A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular form of treatment; nor is he negligent merely because there is a body of opinion which would adopt a different technique. In deciding whether a doctor is negligent in failing to warn a patient of the risks involved in a particular treatment, it is appropriate to consider firstly whether good medical practice required that a warning should have been given to the patient before he submitted to the treatment, and, secondly, if a warning had been given, what difference it would have made. The plaintiff sustained fractures of the acetabula during the course of electro-conclusive therapy treatment given him while he was a voluntary patient at the defendants' mental hospital. He claimed damages against the hospital alleging that the defendants were negligent (1) in failing to administer any relaxant drug prior to the passing of the current through his brain; (2) since they had not administered such drug, in failing to provide at least some form of manual restraint or control beyond that given; and (3) in failing to warn him of the ris