Zeitschrift für ärztliche Fortbildung
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As part of his professional activities, every physician has the right, and--if he is appointed by a court of law as an expert witness according to sec. 407 ZPO, 75 StPO--even the duty to write expert opinions. An expert witness has the same privileges not to testify as any other witness. ⋯ He is not up to the expert to answer legal questions or decide the question of negligence. In case of a culpable violation of the duty to provide a correct expert opinion, there may result a liability for a wrong expert opinion.
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Z Arztl Fortbild (Jena) · Nov 1995
[Legal responsibility of the physician for treatment, organization and patient education errors].
Introductory, basic comments about the medical criminal law in the practice are given. The most important reasons for mistakes are demonstrated, i.e. the term "professional blunder", the individual proof of guilt, mistakes in informing the patient, harming the patient by careless actions. The problem of causality in court is mentioned and the role of the expert witness in professional blunder trials is explained.
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The task of the insurer for medical liability insurance is to care about the interests of the contract partner by defending unjustified claims, satisfying claims of compensation of harmed patients, and supporting the medical society in developing methods to prevent harm. The criminal law and the liability law are demonstrated.