– The real trick is to judge whether more could be done based on the data that was known to the doctor at the time of the activity. For this, however, you need not only knowledge, but also humility towards the possibilities of man and medicine. With prof. Justyna Zajdel-Pełska, a lawyer specializing in aspects related to telemedicine, artificial intelligence in health care, protection of the rights of medical professionals, we talk about experts in medical processes.
- – A judge, whether in a civil or criminal court, has no medical knowledge and must refer to the opinion of a specialist in order to assess the actual state of affairs. The role of an expert is crucial – explains prof. Zajdel-Pełska
- Do experts sometimes “hide” other doctors in the name of misunderstood professional solidarity? – The experts are people like all of us. So there are both good and bad running.
- Being a good expert is determined not only by knowledge, but also insight, reliability and experience, which is gained over the years – explains the lawyer
- Is it true that expert opinions often leave much to be desired? Prof. Zajdel-Pełska: – Some opinions are exemplary, others average, and others just plain
- You can find more such stories on the TvoiLokony home page
Zuzanna Opolska, MedTvoiLokony: Professor, why are there more and more cases against doctors? Is it an expression of an increase in patients’ legal awareness, activity and availability of lawyers in this area, or perhaps a deterioration in the quality of health care?
Prof. Justyna Zajdel-Pełską: In fact, the number of “medical” trials has not increased rapidly recently. There is more talk and writing about these kinds of things, which gives us this impression. Personally, I would point out a shift of the center of gravity from criminal to civil matters. Patients are less and less interested in the criminal liability of a physician and focus rather on financial liability, which results in the award of financial compensation for them. In addition, we are starting to be guided by the awareness that the patient is a consumer of medical services who has the right to assess the quality and dissatisfaction with the services provided to him.
It is said that bad expertise can break down more than one trial … How important is expert evidence in a medical trial?
Often crucial. A judge, whether in a civil or criminal court, has no medical knowledge and in order to assess the actual state of affairs, he must refer to the opinion of a specialist who will check whether the medical action was consistent with the current state of medical knowledge. The expert bear not only the responsibility related to the reliable preparation of the opinion, but also the responsibility for shaping the course of the procedural proceedings. Because it is his opinion that determines the final judgment that the court will make.
Does it happen that expert opinions are an expression of misunderstood professional solidarity? Finally, paragraph. 2 Art. 53 of the Code of Medical Ethics requires physicians to “exercise extreme caution in formulating an opinion on the professional activity of another physician, in particular, a physician should not publicly discredit another physician in any way” …
The content of the Code of Medical Ethics applies to doctors who do not perform the activities of court experts. In short, the physician should beware of giving opinions about other physicians. It is particularly important when the opinion is to be negative. If Mr. X knows that his fellow doctor Mr. Y is not the best, he should not say publicly that his services are not worth using. In such cases, the most important thing is feeling and distance. As for the experts, they are people like all of us. So there are both good and bad running. The latter are perhaps subject to some influence or suggestion. Bearing in mind the realities, however, it seems to me that experts more often give negative opinions, which question the legitimacy or correctness of the actions of their colleagues.
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Apparently, the quality of the opinions issued by experts leaves much to be desired …
I will now give my favorite answer. It depends … Some opinions are exemplary, others average, and others just plain. It should also be remembered that writing an opinion is not only the necessity to use a huge range of medical knowledge, but also the use of objectivity and impartiality. In addition, it happens that people with enormous knowledge do not have the ability to simply and legibly transfer it to paper.
In addition, the expert is in a specific situation – after all, he knows what happened and what was the course of the event. This is where the problem most often arises. It is not difficult to write down what should be done when you know the course of events and their consequences. The real trick is to judge whether more could be done based on the data that was known to the doctor at the time of the activity. For this, however, you need not only knowledge, but also humility towards the possibilities of man and medicine.
Humility comes with age … But should a retired doctor be an expert?
I think the key variable is not age. It is important that the expert should follow the current knowledge, trends and not “switch to a soft chair”. Being a good expert is determined not only by knowledge, but also acuteness, reliability and experience, which is gained over the years. The biblical sages or members of the tribal council are usually elders who, based on their experience and knowledge, have been able to solve the most difficult problems. The mere departure from the practical provision of health services does not disqualify an expert.
What makes it impossible to perform such activities is the lack of humility towards the passage of time, the development of knowledge, technology and technique. It is said that a person learns all his life and he can do it also in retirement. Once I was traveling with a taxi driver who was over 80 years old. At the end of the course, he said that he had left his own and this was the last week of his work. I realized then that courage and responsibility are not only about acting, but also about giving up. There comes a time in life when you have to let go, even if something is done with passion or for a long time. The expert should not be not so much an elderly man, but a man who, for some reason, cannot continue his activity.
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