Quality assurance by experts
Ulsenheimer, K.
Zentralblatt für Gynakologie 120(12): 588-592
1998
ISSN/ISBN: 0044-4197 PMID: 9916282 Document Number: 486834
The predominance of medical experts in hearings on so-called professional malpractice has frequently been bemoaned, but is indispensable since lawyers lack the necessary knowledge and requisite expertise. Court decisions are therefore essentially dependent on the quality of expert medical opinions, which in turn are dependent on the professional competence of the expert and on whether the expert is aware of the judicial demands made of him, i.e. whether the expert correctly understands his status and function within the scope of the civil or criminal proceedings. For example,the fact that court practice allows for differing standards (i.e. that medical standards can vary within limits) is important for the expert's appraisal, as is also knowing to what extent he is bound by the assignment and which requirements apply for proving causality (i.e. of an error leading up to damage) in civil and criminal proceedings. Strict objectivity, comprehensible language, restriction to one's own special field, preparation of the report within a reasonable time, intellectual integrity, no dealing with legal issues, ex ante assessment of the case and personal responsibility for the opinion are other important precepts that must be adhered to in order to avoid a miscarriage of justice. Quality control as exercised by specialised experts is therefore of vital significance.