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Change the law to ensure that NICE guidance outweighs the "Bolam Test"

Submitted on Saturday 31st March 2018

Published on Monday 16th April 2018

Current status: Closed

Closed: Tuesday 16th October 2018

Signatures: 13

Tagged with

Law

Petition Action

Change the law to ensure that NICE guidance outweighs the "Bolam Test"

Petition Details

I have suffered a heart attack which left me disabled. I allege this was due to sub-standard practices. However, solicitors say that my case would not meet the 'Bolam Test', in that, if a similar expert would have 'done the same thing' then a claim will fail even if NICE guidance has been ignored.

Additional Information

Nice Guidance states that “If you currently have chest pain ... you may need to go to hospital as an emergency ... if you do not currently have chest pain and your ECG was normal … you should have an assessment in hospital on the same day"
(Solicitor's response - below)
".. NICE guidelines are recommendations ... advice they provide should not be compared to .. many years of professional experience".


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