[Medical expert assessment in civil rights from the legal viewpoint].

Abstract

This paper gives an overview over the basics and fundamentals of the medical expert assessment during civil action. Beginning with the character of the expert assessment as evidence in a lawsuit, the task distribution between physician and judges is discussed: Physicians are knowledgeable advisors, judges decide and determine direction and subject of the discussion and get the evidence necessary for them. The goal of the medical expert assessment is not treatment but guide the development of a decision about contentious claims. An offense against the evidence "assessment' during a lawsuit sometimes becomes a personal offense against the expert witness himself Regarding his response, he has to take into account that the expert witness as well as the judge may be refused due to bias, and to avoid the impression of prejudice especially in cases of medical liability. The appointed expert is always the expert witness independent of drafts by senior physicians or assistance by residents. Many civil lawsuits might not be decided without the teamwork between judges and physicians.