sidaway lord bridge

Lord Eassie however applied Sidaway and therefore the Bolam test and her appeal was dismissed. He stated simply that ... Lord Bridge of Harwich for example, gave three reasons why the imposition of such a duty on patients would not be practical under English law. 50 He relied on the example of a 10% risk of stroke. - 20 - LORD BRIDGE OF HARWICHMy Lords, The facts giving rise to this appeal have been fullyrecounted by my noble and learned friend, Lord Scarman. In Sidaway v Board of Governors of the Bethlehem. The judgement goes a certain distance to reconcile the approaches of Lord Scarman, Lord Bridge and Lord Templeman in Sidaway. This was a reference to Lord Bridge in Sidaway that a “substantial risk of grave adverse consequences” ought to mean that no prudent medical practitioner could fail to warn of the risk. Lord Bridge, in Sidaway, said that "The judge might in particular circumstances come to the conclusion that disclosure of a particular risk was so obviously necessary to an informed choice on the part of the patient that no reasonably prudent medical man would fail to make it. 30 ibid. I have had the advantage of reading in draft the speech tobe delivered by my noble and learned friend, Lord Bridge ofHarwich. Again Sidaway compares well, with the Bolamite majority unanimous in its view that, when questions are asked by the patient they should be answered fully, and in this occasion Bolam is a useful tool rather than a hindrance. In Sidaway, as noted earlier, Lord Bridge held that the duty to disclose was governed by the professional standard subject to the caveat that some risks were so ‘obviously necessary to the informed choice on the part of the of the patient’ that they must be disclosed. Sidaway case is the starting point to this discussion which, in subsequent cases and by comparison of English law with North American and Australian jurisprudence, will ... disclosure but there was unease in Lord Bridge’s judgement.9 He also found the The thrust of judgments that had subsequently applied Sidaway purported to follow the “middle ground” speech of Lord Bridge, namely that when specifically questioned about risks it is the doctor’s duty to answer truthfully and as fully as the questioner required. Despite a meagre and somewhat confusing attempt by Lord Bridge (with whom Lord Keith agreed) to restrict the ambit of the Bolam test in respect of preoperative medical information, the legal standard of disclosure was still principally governed by the commonly accepted practice of the medical profession. 32 ibid at 900 – 901. 31 Sidaway (n27) per Lord Bridge at 898 – 900. I agree with it, and for the reason which he gives woulddismiss the appeal. 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