Zeitschrift für ärztliche Fortbildung
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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 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.