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This chapter examines the test for the standard of care under s 5O of the Civil Liability Act 2002 (NSW) in Australia. That provision was introduced following the medical indemnity crisis of the early 2000s and provided for a modified Bolam test to protect medical professionals from claims in negligence when they had acted in accordance with a standard of “competent professional practice”. This article examines the decision and legal medicine implications for Australian doctors.

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Clinical Australian Interpretation of “Modified Bolam Test” in Section 5O of Civil Liability Act 2002 and Its Legal Medicine Implication in Determining the Standard of Care in Assessing Doctor’s Duty to Diagnose and Treat Illnesses

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  • 发表日期：

    2026年

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  • Peter S. Kim,
  • Roy G. Beran

摘要

This chapter examines the test for the standard of care under s 5O of the Civil Liability Act 2002 (NSW) in Australia. That provision was introduced following the medical indemnity crisis of the early 2000s and provided for a modified Bolam test to protect medical professionals from claims in negligence when they had acted in accordance with a standard of “competent professional practice”. This article examines the decision and legal medicine implications for Australian doctors.