[Development of expert assessment in the malpractice lawsuit from the viewpoint of the judge].

Abstract

The expert testimony in medical malpractice suits is being criticized until today. The most important objection: The medical experts do not obey their duty to be impartial; they are reluctant to testify against their colleagues regardless of the merits of the plaintiffs' case. But owing to ignorance they often violate further duties they have to comply with as experts, too. The medical profession in the past neglected the instruction-of physicians, who act as experts in malpractice cases. But judges are also responsible for the situation: Not in all cases they do pay enough attention to the selection, instruction and questioning of the medical expert. Many mistakes made in the field of expert testimony meanwhile are recognized and eliminated. Nevertheless seminars for the further instruction of physicians and lawyers are urgently necessary in order to improve the medical expert testimony.