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PubMedDate not supplied

[Expert testimony according to the new legislation].

On 1 January 1992 the new Care Act will come into force. It will abolish guardianship, and will replace both guardianship and curatorship of persons of full age with the new legal institution of placement under care. Legal interventions will be restricted to what is only absolutely necessary: persons under care are to be given help--and not deprived of their rights. Experts will be faced with new tasks and requirements. Medical diagnosis will no longer be the central focus of expert opinion. Rather, the crucial factor will be to ascertain the consequences--deficiencies and remaining capacities--of mental disease or of a physical, mental or emotional disability. The expert will be called upon to help limit the number of cases where persons are placed under care in court proceedings to what is dictated by necessity in terms of both the extent and the duration of care.

Disability Evaluation↗
PubMed1980

[Traumatic chondropathia patellae, its significance for medical insurance in expert testimony concerning accident sequellae therapy].

The connection between chondropathia patellae and a trauma is discussed. Apart from direct traumas the indirect ones can also cause a chondropathia patellae as a result of the incongruence in the femoropatellar joint. In compiling the case history a preceding trauma of different forms and intensity can be found out in about 17 per cent out of all chondropathia patellae patients. When giving an expert's opinion on a case of chondromalacia sport and occupational lesions must be differentiated from genuine traumatic chondropathy. A chondropathia patellae is characterized by the above-mentioned patellar syndrome. The arthroscopy is considered the most reliable diagnostic method. The indication for operative treatment must take into consideration both the degree of the chondropathia patellae and the cause of the disorder.

Adolescent↗
PubMedDate not supplied

Scared silent: the clash between malpractice lawsuits & expert testimony.

As the Bush administration pushes Congress to place a $250,000 cap on pain and suffering awards in medical malpractice lawsuits, other moves quietly afoot by state medical boards, state medical associations, and specialty societies may reduce liability insurance premiums by limiting the number of suits.

Deception↗
PubMed1995

[Expert testimony in malpractice from the physician's viewpoint].

The believe on the civilizatory progress serving mankind goes along with the realization that it cannot keep up with humanity. Anxieties grow from this realization which extend to the relationship between physicians and patients and, therefore, also apply to disputes about liability.

Conflict of Interest↗
PubMed1979

[Difficulties of expert testimony in microwave disease].

Difficulties in certification of microwave diseases are due to the fact that exposure parameters are not well known and the knowledge of all possible clinical pictures of these diseases is incomplete. To give evidence of this conclusion the author presents 3 cases from the certificatory material of Occupational Diseases Ward within the Clinic of the Institute of Occupational Medicine in Lódź.

Adult↗
PubMed1984

[Expert testimony problems in vocational guidance of adolescents with diseases or disorders of the nervous system].

The authoress analysed 102 neurological consultations of young people to determine the adaptability to professional training. The greatest diagnostic and certificatory problems were those with cases of paroxysmal loss consciousness revealed in anamnesis, past meningitis, head trauma and headaches. Very useful for the analysis appeared to be directed anamnesis, environment, survey, and thorough critical analysis of medical records.

Adolescent↗
PubMed1989

[Causes of errors in psychiatric expert testimony in adolescence].

The sources of erroneous conclusions were analyzed in 393 cases of psychiatric investigation of males aged 19-22 years which had tested sane earlier (at ages 17 and 18 years). The errors were in only 10.3% of the cases related directly to difficulties in clinical evaluation of the patients' states. The rest were due to the faults in preparation and the course of investigation.

Adolescent↗
PubMed2001

[Treatment errors of metacarpal fractures. An analysis of expert testimony of the "Committee for Medical Malpractice" of the North Rhine Physician's Council].

A large number of publications notwithstanding, there are no clear guidelines regarding the treatment of metacarpal fractures. Some authors believe that even severely dislocated fractures should not be surgically fixated. This paper analyzes the forensic problem on the basis of court rulings in Germany. Seventeen evaluations of metacarpal fractures conducted by the commission on medical malpractice of the physicians' council in North Rhein were analyzed and common mistakes were listed. The average age of the eight male and nine female patients was 41.9 years. The fifth metacarpal bone (MB) was affected eight times, the fourth MB four times, and the first MB twice. The second MB and third MB were affected once each. Surgery was performed in nine cases, while the conservative approach was taken eight times. An independent expert determined medical malpractice in 13 cases (76%). In 10 of these 13 cases, the symptoms the patients exhibited were linked to medical malpractice. In the 13 cases of medical malpractice there were 5 cases with technically insufficient osteosynthesis, 4 cases of uncorrected dislocation, 2 false diagnoses, and 2 false immobilizations. An independent expert identified a link to the symptoms in three of the four cases of uncorrected dislocation. These were an anatomically nonreduced fracture with joint involvement, a fracture with a dislocation of 50 degrees, and a fracture with rotation dislocation. Cases where fractures healed with severe dislocation or immobilization in a wrong position or for a too long a period are common but avoidable mistakes in the treatment of metacarpal fractures.

Adult↗
PubMed1986

[Cervical migraine as an expert testimony problem in occupational medicine].

Problems related to the need of certification of ability to work for those affected by cervical hemicrania have been analysed. Many of the problems result from deficient knowledge of the symptoms of the disease, complexity of its clinical picture and multiple pathogenetic factors which should be considered. The authors presented her own views on certification in those carrying out specific types of work, e.g. work at altitude, operating machines in motion, and work involving motor vehicles driving.

Adult↗
PubMed1982

[Expert testimony in vibration disease in inland navigation employees].

110 inland navigation workers, exposed to vibration and noise, have undergone electronystagmographic examinations. 61.7% subjects have developed disturbances of vestibular organ. The occurrence of those disturbances has been found to vary with the duration of vibration - and - noise exposure i.e. with the employment system. The 24 - hr - system poses a greater risk of vestibular organ disturbances than the 12 - hr - system. The investigation should promote setting - up some certification of the vibration disease in water transport workers.

Adult↗
PubMed1995

Predicting the present: expert testimony and civil commitment.

This article uses the Supreme Court's decision in Daubert as an opportunity to address a chronic concern regarding the disparity between mental health law as officially enunciated and the practical application of that law. After Daubert, admissibility of expert evidence under the federal rules requires a qualified expert, a reliable basis for the testimony, and relevance to the legal issue. Ongoing psychological research pursues empirical data that expands the scope of psychological expertise and clarifies its limits. This article addresses the requirement of relevance by examining the logical relationship between the psychologist's actuarial and clinical expertise and the legal issues addressed by the court in civil commitment proceedings. Ideally, Daubert might stimulate a process of cooperative analysis in which psychologists and lawyers clarify the proper roles of psychological experts and of the courts with which those experts interact. This article begins that project by clarifying the legal determination required in civil commitment proceedings and by explicating the relationship between the responsibilities of experts and those of courts.

Commitment of Persons with Psychiatric Disorders↗