Zeitschrift für ärztliche Fortbildung
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Z Arztl Fortbild (Jena) · Nov 1996
[Medical expert assessment in civil and criminal law--medical expert assessment from the viewpoint of the attorney].
Dealing with a medical expert assessment requires experience and perseverance of the lawyer. Exact knowledge about the expert opinion itself and the procedural options is of greatest importance due to the decisive impact of the medical expert assessment on the outcome of the lawsuit. The lawyer has to consider at any time of the process whether he can initiate an expert assessment, whether he has to evaluate, criticize or question obtained expert assessments, whether he has to challenge the expert or possibly has to introduce another expert into the lawsuit. The expert witness has to have professional knowledge and the lawyer as well as the court have to absorb this knowledge and use it accordingly.
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Z Arztl Fortbild (Jena) · Nov 1996
[Medical expert assessment in civil and criminal law--stand for evaluating medical expert assessment].
The standard for the assessment of the medical expert opinion is defined by the high demands expected from the judgement of a high court: Objectiveness, solid knowledge, self-criticism, in contestability in diction and firmness in the argumentation. From the legal point of view, the knowledge of the medical expert witness has to clearly go beyond the knowledge of his profession. ⋯ It is necessary for a physician as an expert witness to have basic knowledge about the evidence law and the medical liability process. On the other hand, judges and lawyers should basically know the medical way of thinking.
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Regarding the liability of the expert witness, is has to be differentiated between the responsibility according to the civil law and the criminal law. Responsibility in the criminal law means the punishableness for the guilty and illegal fulfillment of a criminal offense in the legal sense, while responsibility in the civil law means compensation towards another citizen. Criminal prosecution occurs ex officio. Prerequisite for prosecution in the civil law is an action of the victim.
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Z Arztl Fortbild (Jena) · Nov 1996
Review[Medical expert assessment in civil and criminal law--legal evaluation of medical expert opinion].
The constitutional position of the judge and the medical expert witness during a lawsuit is explained. From this, the demands on a judicial expert witness for the preparation of his expert assessment are derived and the judge's function in the appointment of the expert witness is explained. Additionally, criteria, duties, and rules are worked out, which should be followed by the judge during assessment of the medical expert testimony.
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Z Arztl Fortbild (Jena) · Nov 1996
Review[Medical expert assessment in civil and criminal law from the medical viewpoint].
The demands on a medical witness are discussed. Physicians have to learn to deal with the legal conditions of their profession but lawyers have to be ready to understand the circumstances of the medical activity. ⋯ However, a definition of the term "expert" is missing. There are rules for the continuing medical training by the German societies of physicians which should guide the courts.