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[The faulty expert's opinion in medical liability process (author's transl)]
Abstract:
The expert's opinion in medical liability process differs from other medical certificates by the particularity, that the facts of a case of the injury becomes object of the examination and enlightment by the medical expert. This supposes a medical scientific correct reply of the questions of the court of the justice, which must be verifiable with the way of thinking conventional in the jurisdiction and which has to adjust to these trains of thought. Proceeding on a revision of the expert opinions collected in the liability evidence archiv of the German Society of Oto-Rhino-Laryngology, Head and Neck Surgery a series of continual recurrent mistakes is pointed out, which could cause a defective expert opinion and thereby possibly a wrong judical decision.