نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The opinions of experts have a special place in solving causation issues. This importance increases in medical malpractice cases. In many cases, judicial authorities refer the proof of causation to experts, And they issue verdicts based on expert opinions. Referring to an expert is the foundation of wisdom and is also prescribed in the law. Expert opinions are considered judicial evidence, from a legal point of view; But in medical malpractice cases, they have a unique position, and often they are exactly reflected in judicial decisions. Experts face many challenges in evaluating medical malpractice cases. Some of these problems are related to judicial courts; in this regard, we can refer to cases such as "request outside the duties of experts." Some of the challenges of the experts originate from themselves, such as "concern with the implementation of justice and fairness and applying it to their comments". Also, some of the experts' problems are caused by the difficulty and characteristics of the cases themselves. In this category, we can refer to "problems related to recognizing injuries and complications". Reviewing judicial practice, providing legal and jurisprudential descriptions of concepts and terms that are not defined in the law, changing the attitudes of experts, and strengthening liability insurance are some of the solutions to face these challenges.
کلیدواژهها English
