Archiwum medycyny sa̧dowej i kryminologii
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Arch Med Sadowej Kryminol · Oct 2005
Review Comparative Study[Medico-legal opinions in penal cases provided by clinicians and forensic medicine specialists--comparative analysis].
From the practice of the Forensic Medicine Department, Medical University of Silesia, Katowice it appears that in criminal cases the level of medico-legal opinions provided by experts appointed by the district court or 'ad hoc' is very low. The analysis of the chosen files shoved a divergence of opinions given to the adopted motions as well as numerous offences to regulations in the nature of a consultative error. In the paper the authors have made an attempt to appraise causes of the above mentioned problems such as: 1. the lack of medico-legal knowledge and experience in court experts. 2. excessive ease of registration to the panel of court experts and the lack of processes which verify the qualifications of experts. 3. the lack of judicial control over expert's opinions and common acceptance of their work. 4. ignorance of the obligatory penal law. 5. ignorance of the basic rules for giving medico-legal opinions (legal consequences, casual nexus). 6. excessive but groundless self-confidence in experts. 7. the lack of a correct way of thinking and conclusion making. The aim of the paper was to pay close attention to the absolute need of verification of court experts' qualifications and work.
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Arch Med Sadowej Kryminol · Oct 2005
Review[Remarks about the position of the medico-legal expert in imperative regulations in the Penal and Civil Codes].
In the monograph 'Medico-legal opinions--essays on theory', prof. K. Jaegermann wrote that 'the use of an expert requires theoretical or fairly clear knowledge about the mutual relationship between judge and expert'. ⋯ Verification of professional qualifications in court experts and a reduction of those appointed 'ad hoc' are suggested. In the authors opinion co-operation between lawyers and experts should be improved. It is also essential to introduce statutory legal protection of court experts as well as to undertake activities leading to equaling the status of Polish court experts to that of other European countries.
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Arch Med Sadowej Kryminol · Oct 2005
Review[Role of experts in forensic medicine in opinioning for courts and insurance agencies].
Forensic medicine belongs to a group of medical specialties which are listed as basic specialties according to the Ministry of Health. As indicated already by the specialist program, the aim of such studies involves mastering of abilities which permit the medical doctor to provide competent opinions for courts and other organs in the administration of justice, consistent with the current medical knowledge, forensic experience and requirements of the law. Therefore, obtaining specialist qualifications in forensic medicine the doctor is expected to be prepared for forensic certification in penal, civil and insurance matters on the basis of a medical examination and/or court files. ⋯ It deals not only with the narrow range of penal proceedings but also pertains the entire problems of certification for the courts and other organs which deal with implementation of justice, as well as for other institutions such as various insurance companies. One of the reasons for separation of forensic medicine from other specialties was the fact that appropriate forensic opinioning requires more than encompassing respective medical knowledge. Also needed is the ability to understand intentions and aims of justice execution and the capacity to formulate opinions in such a range and in such a way that it will be perceived by the addressee in an unbiased form.
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Arch Med Sadowej Kryminol · Oct 2005
Comparative Study[Estimation of incapacity to work in medico-legal opinions given by clinicians and forensic medicine specialists from the Department of Forensic Medicine, Medical University of Silesia, Katowice--comparative analysis].
After amending the rules obligatory for decision making about the incapacity to work and social insurance in district courts observed in the practice of the Department of Forensic Medicine Medical University of Silesia, Katowice. Our Department is usually appointed for a second opinion in legal pension proceedings. In the first place courts appoint physicians being experts in particular fields of clinical medicine. ⋯ It is known that physicians appointed by the court establish only whether the examined person can work or not, but do not give any information about the character of incapacity and do not consider the possibility of therapeutic rehabilitation within the extent of the pension prevention by the Social Insurance Department nor a chance to change ones profession due to the incapacity to work in the present occupation. While presenting their opinions, physicians very often suggest the need of additional opinions given by other physicians being experts in particular fields of clinical medicine. On the basis of the above mentioned remarks the authors show the necessity for greater control over all medico legal opinions and by the court decision making process as well as the verification of experts qualifications taking into consideration of economy and the need to make the proceedings shorter.
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Arch Med Sadowej Kryminol · Oct 2005
Review[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. ⋯ 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.