Expertise and expert opinion in medical error allegations

The concept of medical malpractice has been increasing in the press and broadcasting organs as well as in the fields of medicine and law in our country as well as all over the world and the cases against physicians are increasing. As medical practices require extensive technical knowledge and experience, the lawsuits filed in the allegations of medical malpractice can only be decided by the experts' explanations and comments.For this reason, the expertise plays an important role in the claims of medical malpractice. In this survey, which was conducted with forensic medicine practitioners; we have discussed the problems they experienced in practice, their approaches and opinions on the controversial issues in the literature and scientific meetings, approaches, and opinions on litigant opinion which is a reflection of Anglo-Saxon law system. We suggest forensic experts should be present in medical malpractice files, the issue of informed consent must be evaluated by an expert, standard approaches should be developed in terms of error assessment of medical practices of other occupational groups other than physicians. On behalf of the claims of judges and prosecutors for medical malpractice; it would be helpful to express clearly what matters to be examined by the expert. Instead of a trial in the case of whether the health worker has a defect or not, it would be helpful if the system failure, organizational deficiency, technical infrastructure of the institution would be studied and covered other components of the event and the expert should asked for an evaluation in this direction. We think that the use of the literature, including the current data, the literature used in the expert opinion, and the arrangement of the experts (s) from the related branch, including objective, reference-based, scientific and subjective interpretations, will increase the reliability of the expert opinions and will be effective in minimizing the possibility of speculation. In this context, we think that increasing the number of special sessions on medical malpractice in national congresses and the fact that the experts of the subject come together and make suggestions for solutions will make significant contributions to the strong and effective steps on the system.