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
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
[Medical expert assessment in psychiatry from the legal viewpoint].
The subjects of psychiatric assessments do vary greatly. The main subject of criminal proceedings seems to be that of criminal responsibility. ⋯ Criminal responsibility cannot be the deterministically interpreted freedom of will. The prevailing law does only answer insufficiently the question of selection or consultation of further experts.
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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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Z Arztl Fortbild (Jena) · Nov 1996
[Development of expert assessment in the malpractice lawsuit from the viewpoint of the judge].
The expert testimony in medical malpractice suits is being criticized until today. The most important objection: The medical experts do not obey their duty to be impartial; they are reluctant to testify against their colleagues regardless of the merits of the plaintiffs' case. But owing to ignorance they often violate further duties they have to comply with as experts, too. ⋯ But judges are also responsible for the situation: Not in all cases they do pay enough attention to the selection, instruction and questioning of the medical expert. Many mistakes made in the field of expert testimony meanwhile are recognized and eliminated. Nevertheless seminars for the further instruction of physicians and lawyers are urgently necessary in order to improve the medical expert testimony.