Steve Shim CJ (Sabah & Sarawak):

This is an application for leave to appeal against the decision of the Court of Appeal given on 5 April 2001. The main question for which leave is sought is stated as follows:

Whether the 'Bolam Test' as enunciated in Bolam v. Friern Hospital Management Committee[1957] 2 All ER 118 in the area of medical negligence should apply in relation to all aspects of medical negligence.

Having heard arguments from counsel for the parties concerned, we are of the view that the question posed is one of importance upon which further argument and a decision of this court would be to public advantage. In this regard, our attention has been drawn to later case jurisprudence from Australia and other Commonwealth countries which it is contended, has refined the "Bolam Test" to such an extent that it may now be necessary for this court to reconsider the "Bolam Test".

It may be noted that in this case, the particular aspect of medical negligence relates more specifically to the duty and standard of care of a medical practitioner in providing advice to a patient on the inherent or material risks of the proposed treatment.

In the circumstances, we are satisfied that the question postulated above falls within the ambit of s. 96(a) of the Courts of Judicature Act 1964. Leave is therefore allowed.