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PubMed1989

Expert testimony in cult-related litigation.

The work of forensic psychiatrists has expanded into the controversial area of cases involving new religious movements. Challenges to the expert witness in such cases include new questions and a large body of relevant literature. Published appeals decisions have appeared with judicial comments on the conduct of the involved experts. This article presents the comments about expert witnesses from judges who decided cases involving the major new issues of coercion both in recruitment into and forcible abduction from cults, and competency to join and make donations to these groups. The judicial comments are evaluated using relevant literature from the fields of law, psychiatry, and religion. This provides a basis for general observations and suggestions regarding the involvement of psychiatric experts in cult-related cases.

Adolescent↗
PubMed1995

[Expert testimony in malpractice suits].

As part of his professional activities, every physician has the right, and--if he is appointed by a court of law as an expert witness according to sec. 407 ZPO, 75 StPO--even the duty to write expert opinions. An expert witness has the same privileges not to testify as any other witness. The expert opinion has to contain only information about the basics and the standards of the expert's field as well as informing about the necessity of each step of the medical treatment. He is not up to the expert to answer legal questions or decide the question of negligence. In case of a culpable violation of the duty to provide a correct expert opinion, there may result a liability for a wrong expert opinion.

Clinical Competence↗