[The surgeon's role as expert witness in malpractice lawsuits. Purpose and requirements of legal medical opinions].
Even experienced medical advisors need clear guidelines on the extent and form of expert opinions presented to courts of law. The importance of thorough document study, correctly organizing findings, and carefully weighing the various factors influencing an opinion cannot be stressed enough. Presented here is a sample opinion for German civil court trials at the state level. It illustrates how best to combine research and clinical results, personal professional experience, and citations from the literature to structure legally valid evidence in the form of an expert opinion. The importance of cogent response to examiners' and cross-examiners' questions is demonstrated, as are differences between civil and criminal proceedings. An appendix cites the appropriate passages from the German legal code concerning remuneration for expert opinions.
Bauch
J
J
Berufsverband der Deutschen Chirurgen e.V. Berlin. mail@bdc.de
Meier
J
J
Ulsenheimer
K
K
D002568:Certification; D005104:Expert Testimony / Q000331:legislation & jurisprudence; D013502:General Surgery; D005858:Germany; D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*