What Is the Objective Standard of Care (Bolam Test)?
Learn how the Bolam test sets the objective standard of care for professionals in negligence, and why Bolitho means expert opinion must be logically defensible.
The Bolam test asks whether a professional acted in accordance with a practice accepted as proper by a responsible body of professionals skilled in the same field. It is an objective standard of care: the court assesses the defendantβs conduct against professional practice, not against what that defendant personally thought was careful.
How it applies
In negligence, a person who owes a duty of care must meet the required standard. If they fall below it, they may have breached that duty. For a professional task, the standard is that of a reasonably competent professional carrying out that task. The test takes its name from Bolam v Friern Hospital Management Committee and is often discussed in medical negligence.
The court considers expert evidence about accepted practice. A defendant does not automatically breach their duty just because another group of professionals would have acted differently. A responsible body may support more than one approach, and the defendant does not need to show that their approach was the most popular.
Example
Suppose a doctor chooses one of two recognised treatments. Some competent doctors would choose the other treatment, but a responsible body of doctors supports the choice made. That disagreement alone would not establish a breach under Bolam.
There is an important limit. Under Bolitho v City and Hackney Health Authority, the court does not have to accept professional opinion simply because experts express it: that opinion must withstand logical analysis. A practice supported by experts can therefore still fall below the required standard.
Exam mistake to avoid: do not describe Bolam as a test of whether the defendant did their personal best, or assume that any supporting expert automatically settles the issue. Apply the standard to the particular professional conduct in the question.