Author
Işıksaçan, Volkan Yaşar
Publication Date
2014
Subject
Expert, Medical errors, Medical treatment
Type
Document
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
c12e91f0-f7b6-4538-9747-ece8fadee83c
Library Location
Department of Private Law
Date
2014
Sample Text
Expert opinions have a very effective role in concluding cases. In criminal and civil cases, courts consult experts to clarify scientific issues that judges have difficulty solving. In our country, in recent years, there has been a great increase in lawsuits filed alleging faulty medical intervention. Courts and Judges cannot distinguish medical intervention errors from complications without the explanations and comments of experts regarding basic medical rules and acceptable treatment options. According to the laws in our country, all physicians who are authorized to practice the profession also have the obligation to be a medical expert. Forensic Medicine Institute, Supreme Health Council, Forensic Medicine Institutes and Universities are the institutions that still provide expert witness services in our country. Here, we examined the distinction between medical error and complications, which are frequently the subject of debate in the medical community, courts and social media. We examined a number of erroneous, incomplete and unscientific medical expert reports given by the Forensic Medicine Institute and the Supreme Health Council. This study discusses the importance of reliable, impartial, objective and scientific medical expert reports in malpractice cases and emphasizes that medical experts should be impartial carriers of information. We made recommendations to improve the quality of the service provided by medical experts and ultimately to reach more accurate, honest and fair results. We have concluded that the branches of medicine and law, which aim at global well-being by enabling people to live a healthier and fairer life, can be much more effective if they work together in harmony., The expert witness testimony plays an essential role in the litigation process. Courts rely on expert witness testimony in most civil and criminal cases to explain scientific matters that may not be understood by judges. Malpractice litigation proceedings begin to rise significantly in our country recenntly. Courts and Judges cannot distinguish malpractice cases from the complications without the medical expert's explanation of the acceptable treatment modalities and interpretation of medical facts. We here examined the issue of deciding between a medical complication and a medical error, the subject which has been frequently debated among doctors, at court trials and in media. According to the legislation laws in our country, medical expert judgment charge has been given to all physicians that are authorized in their profession. Forensic Medicine Institution, Superior Health Council, Forensic Medicine Institutes and Universities currently serve as medical experts in our country. We focused on some inaccurate, incomplete or unscientific expert testimony reports given by the Forensic Medicine Institution and Superior Health Cuncil in medical malpractice law cases. The paper discusses the importance of reliable, objective, unbiased and scientific expert witness testimony in medical malpractices cases and stresses that expert witnesses should be unbiased conveyers of information. We made some recommendations in order to improve the quality of medical expert witnesses testimony in legal malpractice proceedings and thereby achieve the much more fair, honest and equitable outcomes. We concluded that Both law and medicine are critical tools for improving health and well-being on a global level, and each profession is more effective when the two work together.
