... make professional judgements on the practices of other learned professions" (Braizier p87). This statement could be taken as a contradiction to what LJ McNair stated above, it could be seen that doctors are articulating their own standards, because judges do not want to get involved. Difficulties The first difficulty in application of the Bolam Test arises when applied to junior doctors, who may lack expertise. In this case the courts have felt the need to follow the reasoning given in Nettleship v Weston [1971] 3ALL ER 581.Where a learner driver was held subject to the same standard to that of the reasonably competent driver. This shows the courts trying to exercise that doctors cannot set their own legal standard. This principle was used in Jones v Manchester Corporation [1952] 2 ALL ER 125 where it was stated that errors due to inexperience were no defence. A contradicting view was seen in ...

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