Facts
| Part of a series on common law |
| English tort law |
|---|
| Negligence |
|
| Trespass |
| Occupiers' liability |
|
| Defamation |
| Strict liability |
|
| Nuisance |
Mr Bolam was a voluntary patient at mental health institution run by the Friern Hospital Management Committee. He agreed to undergo electro-convulsive therapy. He was not given any muscle relaxant, and his body was not restrained during the procedure. He flailed about violently before the procedure was stopped, and he suffered some serious injuries, including fractures of the acetabula. He sued the Committee for compensation. He argued they were negligent for (1) not issuing relaxants (2) not restraining him (3) not warning him about the risks involved.
It is important to note that at this time juries were still being used for tort cases in England and Wales, so the judge's role would be to sum up the law and then leave it for the jury to hold the defendant liable or not.
Read more about this topic: Bolam V Friern Hospital Management Committee
Famous quotes containing the word facts:
“Now what I want is facts. Teach these boys and girls nothing but facts. Facts alone are wanted in life. Plant nothing else and root out everything else. You can only form the minds of reasoning animals upon Facts: nothing else will ever be of any service to them.”
—Charles Dickens (1812–1870)
“A judge is not supposed to know anything about the facts of life until they have been presented in evidence and explained to him at least three times.”
—Parker, Lord Chief Justice (1900–1972)
“In spite of the air of fable ... the public were still not at all disposed to receive it as fable. I thence concluded that the facts of my narrative would prove of such a nature as to carry with them sufficient evidence of their own authenticity.”
—Edgar Allan Poe (1809–1849)