Examination of the suitability of expert reports in medical malpractice cases according to the decisions of the supreme court

As areas of expertise have developed in medical applications, the expert authority has become more important for the resolution of legal disputes. The aim of this study is to determine how the expert examination must be applied in cases of medical malpractice and to reveal the standards of medical expert reports in accordance with the Supreme Court's specifications. In this research 121 Supreme Court cases of claims for damages between the years of 2013-2018 were examined to classify the standards of medical expert reports. According to the Supreme Court ; failure to meet plaintiff's claims, lack of logical justification are the main reasons for the medical expert reports to be insufficient. The reasons of the insuffienciencies of the expert reports are as follows; the absence of the illumination of the patient informed consent, the absence of the reconciliation of the conflicts between other medical expert reports, the absence of the essencial medical expert participation, the avoidance of all other expert opinions on the case, conclusions that are based on deficient medical records. In case of insufficient evaluations, The Supreme Court tends to request new reports from academic experts in medical faculties, and this report is required to give a balanced opinion and be able to state the facts explaining the reasons why, and contain the details of literatures that has been relied on in making the report.