2011, Number 5
Medical expert opinion: performance, the appearance in court in cases of medical malpractice
García-Garduza I
Full text
Language: Spanish
References: 8
Page: 563-570
PDF size: 52.41 Kb.
ABSTRACT
In several lawsuits, including one for medical malpractice, there is a phase with the participation of experts who analyze the evidence in order to issue an opinion which is explained at the hearing at court, thus resulting in the medical expert act that all physicians should know. This article discusses legal, medical and ethical characteristics in an expert performance in medical malpractice cases. The expert having access to the original evidence is in powerful situation and have the advantage position in a trial for medical malpractice. His opinion has legal effects, therefore, the issue of partial, erroneous or badly founded points of view, and a non-prepared, without ethics and malicious performance at the hearing, produce adverse effects in the trial transcending to consequences to the ones involved. To apply correctly the principles of ethics and knowledge, the medical expert will make good use of the information obtained during his research both in his opinion, and during his appearance in court. Analyzing and using it properly. He will make his point of view meet its goal of establishing the facts in the investigation of an alleged medical malpractice and the authorities or officials will have strong evidence to enable them to determine their decision, thus contributing to the development of the society and the proper use of the law emanated of it.REFERENCES