ABSTRACT
In the UK, an anesthesiologist owes a duty of care toward his or her patient. This is a legal concept, having nothing to do with clinical care. Indeed, chartered accountants have exactly the same duty of care toward their clients, who indeed may include anesthesiologists. Having accepted that duty, the professional person is obliged to fulfill it, while (in private practice) the client is equally bound to meet any reasonable charges. The duty encompasses the anesthesiologist's obligation to attend a patient, to warn of likely hazards, and, if it is in the patient's best interests, to apply such technical procedures as are appropriate. The standard of care to be provided is defined by a legal yardstick: the so-called Bolam test. This was established in Bolam v. Friern HMC in 1957, and has since become the fundamental and guiding principle on the standard of care in medical negligence.1 Readers should note that following the publication of new civil procedure rules in 1999, plaintiffs are now referred to as claimants, and that for clarity this term will be used throughout.
