期刊名称：Aktuelnosti iz Neurologije, Psihijatrije i Graničnih Područja
印刷版ISSN：0354-2726
出版年度：2007
卷号：XV
期号：3-4
页码：75-92
出版社：Clinical Center of Vojvodina
摘要：The term "neurologist" in the broad sense includes both non-surgical and surgical neurologists, as well as neuroscientists, although forensically members of each discipline may have distinct roles. The practice confirms trends of joining academic medical centers and neurological disciplines under the term "neuroscience". Important requirements for potential medical experts relate to their qualifications. Experts must demonstrate competence as regards the subject and purpose of testimony, which can be achieved through training and clinical practice. In criminal cases neurologists may be asked to comment on brain dysfunction as a mitigating factor for holding defendants liable for their acts. Civil litigations in which a plaintiff demands compensation for non-material injury are numerous. These include the frequent suits dealing with the causal relationship between alleged medical malpractice and resulting injury. A question of particular interest is whether the injury is a direct result of the defendant's misconduct. Cases related to recovery from severe pain and suffering are especially problematic because it is difficult to differentiate between objective and subjective experience of pain. Neurologists and neurosurgeons, as well as other physicians, can have three roles in a court: as a witness, defendant, and expert witness. The duty of a treating physician as a witness is to testify about the treatment provided to the victim, the severity of his or her injury and procedures applied in the treatment. An expert witness is asked to give opinions on the standards of care, diagnosis, prognosis and future medical needs. Unfortunately neurologists like other physicians may appear as defendants in malpractice suits on the legal theory of negligence, lack of duty to treat, breach of duty, battery, lack of emergency room coverage, breach of confidentiality, lack of informed consent, assisted dying, scientific misconduct, etc. Other non-surgical errors include adverse effects of drugs and judgment errors (misdiagnosis, delayed diagnosis). Neurosurgeons are sued more frequently than neurologists, and many of the suits concern alleged technical errors during surgery or postoperative complications (bleeding, retained foreign body, infection etc). Neurologists are usually engaged in litigations related to will contests, testamentary capacity, long term care, conservatorship, particularly in cases of organic brain disorders (dementia, stroke). The main question in all medical malpractice suits is whether the defendant physician has violated reasonable or accepted standards of medical practice. The main goal of forensic neurology is to achieve the level of qualified and credible expert testimony through training and education in this field of science
