Expert report is critical evidence in medical malpractice files. The Forensic Medicine Institute (ATK) and university medical faculties take part.
Types of Experts
- ATK 3rd Specialization Board: Main authority for malpractice files
- University medical faculties: Field of expertise (urology, orthopedics, etc.)
- Special experts: Court list
Report Process
- Court request
- Patient file is forwarded
- Expert review (usually 2-6 months)
- The report is submitted to the court
- Notification to the parties
- Right to object
Reasons for Objection to the Report
- Missing examination
- Bias approach
- Contradictory findings
- New developments
- Lack of experts
Additional Report / Re-Expert
- Objections are evaluated
- The court may request an additional report
- New experts may be appointed (panel)
Supreme Court 13. HD
13. HD adopts that medical expert reports should be "detailed, reasoned and responsive to opposing views", and that in conflicting reports, a superior council expert should be consulted.
Practical Recommendations
- Add all medical documents to the file
- Submit the relevant literature to the court
- Get a counter-expert report (private expert)
- Technical consultation with a lawyer write an additional petition
Health law/malpractice lawyer recommended.