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PubMed1986

[Classification of hearing loss in industrial workers for the purpose of expert testimony].

Periodical examinations of 472 industrial workers exposed to noise promoted classification of those workers' hearing into four categories: A. Normal hearing, B. Non-noise-induced impairments, C. Multi-causal impairments, not excluding noise, D. Chronic acoustic trauma. To the particular categories, appropriate qualifying, preventive or therapeutic procedure have been ascribed. Appropriate hearing category (A, B, C or D) entered into the worker's health record book would spare repeating the medical examinations at a new workplace, simplify administrative, certificatory (selection of the workplace, prevention or treatment) and claiming procedures.

Disability Evaluation↗
PubMed1982

[Expert testimony according to the law on the severely disabled].

The number of severely disabled with official acknowledgement is nowadays estimated at over four million and is going to mount to six or seven million shortly. In the future that means an additional activity for the ENT-specialist concerning the medical opinion handling the law of severely disabled. In this study registration procedure, course of law and questions in giving the medical opinion (signs of old age, hearing impairment, disequilirium, neoplasm) are described. Also findings and results of 38 medical opinions for social courts are described.

Adult↗
PubMed1987

[Diagnostic-expert testimony problems related to the evaluation of the nervous system for determining the capacity for performing professional work].

Those cases of the nervous system diseases or deviations which cause most diagnostic and certificatory problems for occupational health service physicians have been analysed. They included: root pains, encephalopathies caused by the disturbed vascular system, neurones, head injuries, loss of consciousness. The diagnostic and certificatory problems resulted mainly from: deficient recognition of workstations, deficient records on the course of the disease, insufficient range of extra studies, and too rare consultations among physicians representing different specialties. An attempt to establish which procedures could facilitate issuing a certificate on the fitness for professional work has been made.

Expert Testimony↗
PubMed1992

[Principles of medical expert testimony regarding adolescents' capacity for practical vocational training and work].

The presented approach to adolescents' vocational guidance is based on the ILO principle that work should conform to psychophysical conditions of the worker which should be evaluated before the beginning of work. In the paper the main health problems influencing the work capability have been discussed. It is suggested that the student, his parents and tutor should be informed about his health impairments, the degree of disability and therapeutic possibilities. The psychophysical features characteristic of the adolescence justify the health protection against occupational exposure to harmful agents as well as the activities, for health education and health promotion at school.

Adolescent↗
PubMed1993

[The physician as expert witness. Aspects of an ambivalent role exemplified by expert testimony for legal health insurance].

This article provides a broad survey of the difficulties confronting the physician in his role as a specialist in the Health Insurance Medical Service, assessing claims relating to the state medical insurance system. These problems can be divided into the three following categories. Firstly, problems on a personal level relating to the interaction of the different people involved, albeit within the given institutional framework. Secondly, problems involving matters of principle in reconciling diagnosis, the patient's subjective assessment of his condition and legal criteria. Thirdly, problems arising from the pressure created by socio-cultural developments which influence both the patient and the specialist physician in his assessment.

Child↗
PubMed1989

[Work capacity expert testimony and increase of rehabilitation possibilities in patients with urologic tuberculosis].

Under the present conditions, improvement of the procedures for labor rehabilitation of patients and invalids remains one of the main tasks of social maintenance. Automatization and integrated mechanization of industrial processes improve labor conditions and decrease the level of energy required from a working person. At the same time specialized examination commissions in their practical work follow the methodical literature containing a number of obsolete propositions which markedly lower possibilities of social and labor rehabilitation of phthisiourological patients. The use of additional data defining concretely the reserve capacities of a patients with nephrophthisis having a single functioning kidney allows one to extend the degree of participation of phthisiourological patients in productive activity.

Expert Testimony↗
PubMed1989

[Chronic gunshot osteomyelitis of the long bones of 40-45 years' duration and its significance for expert testimony].

The authors have made a clinicoroentgenologic and pathomorphologic comparison of the materials of examination of 81 patients aged 60 to 75 years with exacerbations of chronic gunshot osteomyelitis of the long bones after 40-45 years. The clinicoroentgenologic characteristics of active and slow exacerbations is presented. Four types of changes in the roentgenologic picture have been revealed: destructive, necrotic, corticalitis type, fistulous and mixed. The peculiarity of the manifestations of osteonecrosis in the form of sequesters and two types of crumb-like inclusions and bone reconstruction (with linear separation of the compact bone layer on the inner surface and perifocal osteoporosis) has been pointed out. Besides, some problems of medical labour examination in chronic gunshot osteomyelitis after 40-45 years have been considered.

Adult↗
PubMed1990

[Retrospective analysis of disability indices and assessment of expert testimony of work capacity in dust-induced bronchitis].

The article deals with current issues and quality of the medical labour examinations (MLE) performed by MLE commissions, reveals the reasons accounting for discrepancies in MLE based on the data of the commissions and those of specialized clinics. A clinico-functional examination of 243 in-patient dust bronchitis cases established a late primary diagnosing of dust bronchitis as one of the reasons for invalidism. 3-rd group invalids were mostly workers with lengthy professional background but still before the retirement age, who needed social and labour rehabilitation. The main reason for the discrepancies lies in inadequate examination prior to the MLE commissions decision and prescription of invalidism to the patients with the initial stage of the disease basing on the social criterion.

Adult↗
PubMed1977

[Expert-testimony and therapeutic findings and observations in wine-dressers of the Mosel-region with late sequelae of arsenic intoxication].

During the years 1972--1976 an overall number of 122 vine-dressers of the middle Moselle region called for examination, control, and medical treatment because of late damages caused by arsenic intoxication. In 1976 there were twenty-two new cases. By keratolytic treatment, excision, cauterization, and X-ray therapy a considerable reduction of precancerous and carcinous degenerations of the skin caused by arsenic in the form of keratosis and melanosis of the head, rump, arms, chest, volae and plantae could be achieved. By comparing two groups of vine-dressers with skin damages caused by arsenic a distinct reduction of praecancerous and carcinous degenerations of the predestined skin regions could be seen in those who had had medical treatment. A 3 months' dermatological survey of the patients is required.

Aged↗
PubMed2007

[Developmental aspects in expert testimony for juvenile court].

The history of German legislation resulting in the developmental orientation of juvenile court law (JCL) led to setting the minimum age of criminal responsibility at the age of 14, which places Germany within the average range compared to other EU countries, even though most skills regarding the discernment of right- or wrong-doing are developed in earlier stages of life. The requirement put by section sign 3 JCL that legal discernment be emotionally grounded and the necessity to explore context factors (family or group, specific situation) make psychiatric evaluation of adolescents in court a delicate task. It is indispensable that new findings in neurobiology be considered upon making an assessment of the individual neuro-developmental status. In contrast, an assessment according to section sign 105 JCL considers the overall development irrespective of the crime(s). Developmental issues regarding legal prognosis are discussed for some types of offences (homicide, sexual offences, arson).

Adolescent↗
PubMed2004

Expert testimony and positive identification of human remains through cranial suture patterns.

North American forensic anthropological research should conform to the Daubert criteria (U.S.A.) and Mohan ruling (Canada) to ensure admissibility in a court of law. Positive identification through radiographic comparison of antemortem and postmortem cranial suture patterns was evaluated in light of these criteria. The technique is based on reliable principles, but problems with terminology and the resolution of radiographs make Sekharan's method difficult to apply. Using the location, length, and slope of a suture's component lines, rather than Sekharan's descriptions of sutural configurations, it is possible to determine the probability of a particular suture pattern occurring in more than one individual. A match of four consecutive lines is sufficient to establish positive identification. This approach meets the Daubert and Mohan criteria, although resolution of radiographs is still a major limitation. Computed tomography (CT) scans may prove a more useful modality for positive identification, due to better resolution and greater availability.

Anthropometry↗
PubMed1998

[Edeka does all--machine speech recognition in social medicine expert testimony].

UNLABELLED: Automatic speech recognition systems are already being used in spheres employing a restricted vocabulary. OBJECTIVE: Our aim was to investigate whether low-cost speech recognition software for PC is capable of being usefully employed in the sphere of sociomedicine. MATERIALS AND METHODS: To this end 34 representative pages of text (a total of 11,000 words) taken from expertises on cases of suspected medical malpractice (many different subspecialties) were dictated using IBM's "Voice Type Simply Speaking" software. Having completed a page, the resulting error rate was recorded, and the text was corrected before we proceeded with the dictation. Finally, 3 pages of text were re-dictated and the resulting error rate determined. RESULTS: The error rate in the previously unknown text ranged between 10 and 23 per cent (mean 15.9%) without any significant reduction during the training phase, while that in the re-dictated text was drastically reduced to less than 3 per cent. It became evident that once a word was corrected the system hardly ever repeated that particular mistake. CONCLUSION: The system's poor performance on unknown text and the missing reduction in the error rate during the training phase are obviously not due to any incompetence of the system but to the huge amount of technical jargon in the scope of medical writing. To attain an acceptable performance we suggest to either extend the training phase, or, preferably, to confine the application to a single medical subspecialty. Its overwhelming learning ability makes the system a serious candidate typist in the sphere of sociomedicine.

Expert Testimony↗
PubMed1991

The presentation of expert testimony via live audio-visual communication.

As part of a national effort to improve efficiency in court procedures, the American Bar Association has recommended, on the basis of a number of pilot studies, increased use of current audio-visual technology, such as telephone and live video communication, to eliminate delays caused by unavailability of participants in both civil and criminal procedures. Although these recommendations were made to facilitate court proceedings, and for the convenience of attorneys and judges, they also have the potential to save significant time for clinical expert witnesses as well. The author reviews the studies of telephone testimony that were done by the American Bar Association and other legal research groups, as well as the experience in one state forensic evaluation and treatment center. He also reviewed the case law on the issue of remote testimony. He then presents data from a national survey of state attorneys general concerning the admissibility of testimony via audio-visual means, including video depositions. Finally, he concludes that the option to testify by telephone provides a significant savings in precious clinical time for forensic clinicians in public facilities, and urges that such clinicians work actively to convince courts and/or legislatures in states that do not permit such testimony (currently the majority), to consider accepting it, to improve the effective use of scarce clinical resources in public facilities.

Expert Testimony↗
PubMed2004

Borderline science: expert testimony and the Red River boundary dispute.

The 1918 discovery of oil in the bed of the Red River, which forms the border between Texas and Oklahoma, led to a U.S. Supreme Court case that involved the extensive use of expert witnesses in fields such as geology, geography, and ecology. What began as a dispute between the two states soon became a multisided controversy involving those states, the federal government, Native Americans, and individual placer-mining claimants. After the federal attorneys introduced scientific experts into the dispute, including the plant ecologist Henry Chandler Cowles and the geographer Isaiah Bowman, fresh from negotiations at the Paris Peace Conference, Texas attorneys fielded their own team of opposing experts. Charged with the task of determining the location of the border, defined as the south bank of the river at the time of the 1819 treaty with Spain, the scientific experts presented the court with volumes of evidence and elaborate arguments, much of it contradictory and involving creative interpretations of existing theories. The case exhibited all the now-familiar features of a trial using expert witnesses, for which it represents an early, overlooked, and particularly complex example.

Dissent and Disputes↗