[Expert's opinion in civil proceedings for damages in cases relating to hospital infections, especially to hepatitis B and C infections].
Many papers considering the role of the forensic medicine expert in legal proceedings and a probative value of medico-legal opinions have been published. Prof. Jaegermann's consideration and essays about the theory of opinionating are particularly worth mentioning. Medicolegal opinions in civil proceedings for damages in cases relating to hospital infections, including hepatitis B and C virus infections seem to be of great importance. Legal composition of records in the civil code, especially those relating to the demandant who in agreement with art. 6 of the PC is obliged to present the facts (prerequisites of civil liability) from which the claim included in the damage suit results, and also the obligatory principles for the civil procedure which highlight the role of the forensic medicine expert and the significance of the medico-legal opinion as important evidence during proceedings. It is known that in cases of this type of expert's opinion is of decisive significance and legal decision is very often based on the conclusions drawn. The author presents consultative problems and difficulties relating to the analysis of facts and evidence material in the epidemiologic aspect which a forensic medicine expert comes across while giving his/her opinion. Questions posed by the court and expectations of the judge appointing an expert who should provide reliable information from his/her field and comprehensively explain all the doubts in the investigated question are suggested to be discussed independently. The complicated character of infections with hepatitis B and C viruses, especially their various courses and clinical pictures as well as the efficiency of all the diagnostic methods used make the provision of a medico-legal opinion more difficult.
Katedra i Zakład Medycyny Sadowej SAM w Katowicach.
Czesław
C
Chowaniec
D003428:Cross Infection / Q000517:prevention & control / Q000635:transmission*; D018562:Disease Transmission, Infectious / Q000331:legislation & jurisprudence* / Q000517:prevention & control; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005554:Forensic Medicine / Q000331:legislation & jurisprudence* / Q000592:standards; D006509:Hepatitis B / Q000517:prevention & control / Q000635:transmission*; D006526:Hepatitis C / Q000517:prevention & control / Q000635:transmission*; D006801:Humans; D016365:Liability, Legal; D011044:Poland; D010818:Practice Patterns, Physicians' / Q000331:legislation & jurisprudence; D024382:Professional Role