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[Expert Opinions in Court: Liability of the Expert]
Marcus Schiltenwolf1, Nickolas Beckmann1, Peter Gaidzik2
1Zentrum Orthopädie, Unfallchirurgie und Paraplegiologie, Universitätsklinikum Heidelberg.
Abstract:
Experts in criminal, civil and, increasingly, in social court cases have to present their expert opinions in court. This should be regarded not only as a burden, even if this may at times appear superfluous to the expert, perhaps because the discussion is mere repetition of the opinion he has already written, or because the questions appear to be biased against the expert. Nonetheless, the expert is always advised to appear calm and objective during the interrogation by judges and parties or participants and their legal representatives, and should not allow himself or herself to be provoked by questioning. Furthermore, it may be necessary to correct the written expert statement in the course of the interrogation, but this can be a sign of a truly competent medical expert. The expert consulted can be held liable for adverse health effects resulting from the interrogation and investigation, as well as for deliberate or grossly faulty reports.
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