18 August 2023. Published by James Davies, Senior Associate and Emily Snow, Trainee Solicitor. Bolam is well and truly back in the game for consent! The Supreme Court's decision in McCulloch confirms that the Bolam test should be applied when considering whether alternative treatment options should be discussed with a patient. Where we were.. The pursuers had reclaimed certain of the Lord Ordinary's findings after proof which resulted in decree of absolvitor (Jennifer McCulloch and others v Forth Valley Health Board [2020] CSOH 40). The action related to the death on 7 April 2012 of Mr McCulloch, who suffered a fatal cardiac arrest at home as a result of cardiac tamponade.

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McCulloch v. Maryland

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The widow and other family members of Mr Neil McCulloch brought a claim against the respondent, Forth Valley Health Board, for damages for negligently causing his death on 7 April 2012. It is alleged that his death was caused by the negligence of Dr Labinjoh, a consultant cardiologist, for whose acts and omissions the respondent is vicariously.. 12 July, 2023. McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26. This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended.