Medical expert opinion on treatment mistakes

2001 ◽  
Vol 30 (2) ◽  
pp. 117-120
Author(s):  
R. Kluge ◽  
R. Koob
2018 ◽  
Vol 56 (212) ◽  
pp. 735-739
Author(s):  
Nuwadatta Subedi ◽  
Hima Raj Giri

Introduction: The medico legal reports and certificates prepared by doctors can be used as valuable documentary evidence in the court of law. The study was designed with objectives to explore the perception of judges and lawyers about the quality of medico legal reports prepared by the doctors and their competence in providing the expert evidence in the court. Methods: It is a questionnaire based cross sectional study conducted among the district judges and government attorneys of 75 districts of Nepal from March to May 2016. The data obtained was analysed by SPSS version 16.0. Results: Among a total of 78 participants who responded the questionnaire, 40 (51.3%) were district judges and 38 (48.7%) district attorneys. Most of them graded that the reports prepared by the doctors were just average. Among them, 49 (63.6%) strongly agreed and 28 (36.4%) partially agreed that the reports were useful in deciding the cases. A total of 44 (56.4%) respondents strongly agreed and 34 (43.6%) partially agreed that expert opinion of the doctors in the courts were useful to decide the cases. Seventy one (92.2%) of them rated general doctors as moderately competent. Conclusions: The medical reports prepared by the Nepalese doctors were just average as perceived by judges and lawyers and the competency in presenting the evidence in courts was moderate as rated by them.


2021 ◽  
Vol 29 (1) ◽  
pp. 41-48
Author(s):  
Sofya B. Vladimirova ◽  

The article describes the model of the genre of “judicial expert opinion” and considers a medical expert opinion as its example. A judicial expert opinion is defined as a written text including the research and conclusions on the issues posed to the expert by the person conducting the criminal proceedings, or by the defense or prosecution. This text functions simultaneously in two branches: in jurisprudence, as a document, and in a certain field of science that is related to the field of expert knowledge, in this case in medicine. To build a genre model of the judicial expert opinion, the author uses the speech genre model proposed by T. V. Shmeleva. This model seems most consistent and allows to cover not only linguistic, but also communicative parameters. According to this model, the article describes the compositional and speech features of the reviewed genre, its differential features (the image of the author, addressee, image of the past and the future, dictum content, and the image of the object of examination as an additional parameter), communicative goals and aspects of its linguistic embodiment. The analysis allows to present a judicial expert opinion as an informative reactive speech genre with a perfect perspective of dictum. The linguistic embodiment of this speech genre is partially clichéd, the linguistic means are selected in accordance with the textual traditions of formalizing official documents and expressing professional knowledge. The main features of the language embodiment of the genre are the following: a combination of official, academic and colloquial speech styles; frequent use of medical terminology, abbreviations; zero subject sentences and passive constructions, elliptical sentences.


2007 ◽  
Vol 79 (9) ◽  
pp. 235-249
Author(s):  
Bela Prokeš

Providing expert opinion on non-material damage is a delicate task due to the great diversities in the way the health may be damaged and due to the long lasting consequences of injuries and illnesses and their influence on people's daily routines, for the assessment of both subjective manifestation of pain, fear, diminution of life's dynamics and damage caused to people's appearance and for the assessment of suffer felt by persons due to the change of their appearance. Different kind of difficulties in giving expert opinion on reduction of viability are in practice generally caused by the lack of knowledge and recognition of basic principles in organizing and managing expert opinion, both by the civil court and by the experts-physicians. They are also caused by the practical problems related to this kind of expert work. As far as the recognition of principles related to providing expert opinion on this type of non-material damage, civil court will try to clearly define the task of the medical expert. During the whole procedure the expert-physician will respect general principles which include appropriate and generally accepted methodology of drafting a finding based on which the expert will impartially, to his best knowledge and experience, issue an opinion. Expert opinion on reduction of damaged person's viability shall include assessment of all the limitations of activities he had or would most probably have in the future. Reduction of viability exists when there is inability or reduced ability of body's functioning or functioning of its part so that the damaged person is not able, or is able but only by putting more effort, to conduct basic activities and functions in life. Method of providing expert opinion that is described here is a synthesis of experience of some authors with the experience acquired during many years of practice in providing expert opinion on remaining viability - in the procedure that results in constant modification and adjustment of the method. Method includes also an attempt to numerically asses certain activities that are included and that are assessed in the expert opinion on remaining viability.


2003 ◽  
Vol 42 (03) ◽  
pp. 212-219 ◽  
Author(s):  
J. Rihl ◽  
M. Schenker ◽  
E. Standl ◽  
E. Biermann

Summary Objectives: A computer-based system has been developed for the generation of medical expert opinions on the insulin-resistance syndrome, based on clinical data obtained from primary care physicians. Methods: An expert opinion for each patient was generated by using a decision tree for entering individual text modules and by adding optional free text. The expert opinions were returned by e-mail, telefax or by ordinary mail. Results: 1389 primary care physician sent anonymous data sets and requested expert opinions for a total of 3768 patients. Through the set up of a rule-based system an automation of the generation of the expert opinions could be achieved and the generation time dropped from initially 40 minutes to less than 5 minutes at the end. Conclusions: By using predefined text modules and a rule based system, a large number of medical expert opinions can be generated with relatively few additional resources.


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