[The function and legal position of the medical expert (author's transl)]

Numerous facets of the relationships between the judge and the expert affect the function of the panel and its deliberations. Rules of professional conduct may not inhibit the expert's role because no rules exist which run counter to the obligations of the legal advisor. A critical commentary is given of the censure of the federal court by certain medical experts which has caused a stir and provoked an appropriate riposte from a federal judge. The expert differs from an ordinary witness in assisting the judge by interpreting medical facts so that a just assessment may be arrived at. This is the basis of his "power". The responsibility for the judgement rests solely with the judge. Courts, doctors and especially medical experts are inevitable sentenced to collaboration with each other. The exchange of facts and information between litigants may help to calm the apparently strained relations between doctors, patients and the judiciary.