Bolam in Australia : more bark than bite

The focus of this article is the medical profession and the application in Australia of the Bolam test at common law and under the statutory professional standard. The article argues that the statutory standard will rarely alter the outcomes in medical negligence claims in Australia. The qualifications to the standard requiring that peer opinion be widely accepted as competent professional practice avoids the adoption of self interested, localised practices that are out of step with mainstream medicine. The backstop that allows the court to reject peer opinion if it is ‘irrational’ may be interpreted to give courts significant scope to reject professional peer opinion that is not substantiated and based on reliable medical evidence. The paper argues that the original Bolam test and the introduction of the statutory peer professional standard provide testimony to the power and influence of the medical profession and that a convincing case cannot be made for giving special protection to medical professionals.