sidaway lord bridge

Lord Bridge was unequivocal regarding the answering of questions. The judgement goes a certain distance to reconcile the approaches of Lord Scarman, Lord Bridge and Lord Templeman in Sidaway. The first is that it would fail to take into account the reality of the doctor patient relationship in many situations. 32 ibid at 900 – 901. Lord Eassie however applied Sidaway and therefore the Bolam test and her appeal was dismissed. This was a reference to Lord Bridge in Sidaway that a “substantial risk of grave adverse consequences” ought to mean that no prudent medical practitioner could fail to warn of the risk. ... Lord Bridge of Harwich for example, gave three reasons why the imposition of such a duty on patients would not be practical under English law. I have had the advantage of reading in draft the speech tobe delivered by my noble and learned friend, Lord Bridge ofHarwich. In Sidaway v Board of Governors of the Bethlehem. Despite a meagre and somewhat confusing attempt by Lord Bridge (with whom Lord Keith agreed) to restrict the ambit of the Bolam test in respect of preoperative medical information, the legal standard of disclosure was still principally governed by the commonly accepted practice of the medical profession. 28 ibid per Lord Diplock at 892 – 894. 50 He relied on the example of a 10% risk of stroke. 31 Sidaway (n27) per Lord Bridge at 898 – 900. Lord Bridge, in Sidaway, said that "The judge might in particular circumstances come to the conclusion that disclosure of a particular risk was so obviously necessary to an informed choice on the part of the patient that no reasonably prudent medical man would fail to make it. 27 Sidaway v Board of Governors of Bethlem Hospital 1985 AC 871. 29 Bolam v Friern Hospital Management Committee 1957 1 WLR 582. In Sidaway, as noted earlier, Lord Bridge held that the duty to disclose was governed by the professional standard subject to the caveat that some risks were so ‘obviously necessary to the informed choice on the part of the of the patient’ that they must be disclosed. The thrust of judgments that had subsequently applied Sidaway purported to follow the “middle ground” speech of Lord Bridge, namely that when specifically questioned about risks it is the doctor’s duty to answer truthfully and as fully as the questioner required. - 20 - LORD BRIDGE OF HARWICHMy Lords, The facts giving rise to this appeal have been fullyrecounted by my noble and learned friend, Lord Scarman. Whilst Lord Eassie also considered the approach of Lord Bridge in Sidaway, he considered that the relevant risk was not of shoulder dystocia occurring, but of the ‘much smaller risk of a grave adverse outcome’. 30 ibid. 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