... to treat the patients. The standard of care for all medical malpractices for health care professionals and providers' was established in Bolam v Freirn HMC4. The case saw the birth of the Bolam test, where '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.'5 A person should not be exposed to a risk of damage unless he has agreed to run the risk and they cannot agree to the risk if all the information is not provided. Doctors need to see if the patient has capacity to make a competent decision and that they have been informed of the risks and procedures of the treatment. The incompetent patient is in a different position. Treatment decisions for incompetent patients' are assessed by, what is in the 'best interests'; this test is ...

See this essay or coursework document in full right now