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Reopening Old Wounds: What the McCulloch . . . - University of Oxford Returning to the hypothetical example given by Lord Hamblen and Lord Burrows, the court was right in stating that a doctor cannot be found negligent if they choose to administer any one of the ten medically sanctioned treatment options since these courses of conduct are protected by the Bolam test
Montgomery v Lanarkshire Health Board - Wikipedia The Court of Session ruled that there was no negligence based on the Hunter v Hanley test and that there was no causation since the claimant would not have submitted to a caesarean birth even if informed of the pregnancy risk
New decision confirms the end of the Bolam test in consent cases Dr McLellan decided that a Zavanelli manoeuvre (which involves pushing the head back into the birth canal so that a caesarean section can be performed instead) was not appropriate and she instead tried to complete the delivery She managed to pull the baby out some 12 minutes later