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- Title
ПРОБЛЕМИ НА СЪДЕБНОМЕДИЦИНСКАТА ЕКСПЕРТИЗА ПРИ ПРОПУСКИ И ГРЕШКИ В МЕДИЦИНСКАТА ПРАКТИКА В РЕПУБЛИКА БЪЛГАРИЯ
- Authors
Спасов, Светлозар
- Abstract
Forensic expertise is the primary evidence in resolving legal cases of omissions and errors in medical practice in criminal and civil law. The role of this expertise is central to the work of the lеgal expert in the criminal pre-trial proceedings and the court in resolving medical cases due to the lack of specialized knowledge in this complex field of science and practice due to the lack of biomedical knowledge and their evaluation by lawyers. The specifics of this type of expertise require that the experts involved in their preparation have a special training and approach when examining the materials presented to them for work on the tasks assigned by the legal experts. Undoubtedly, the quality of these materials is essential for the proper assessment of the events, the identification of the causes of the omissions and errors, as well as the personal evaluation of the work of the medical specialists related to the case. Another problem is the preservation of primary medical records in their original form, without additional processing and layout. The main problem of expertise is the formation of the expert commission, which is too often a compromise in terms of composition of expertise, types of specialists, professional qualification of these specialists, and last but not least the lack of desire on their part to participate in the specific expert activity. The administrative appointment of experts often leads to a lack of activity in the work of the expert committee of individual specialists, hampering and prolonging the work of the entire committee and ultimately severely delaying the conclusion of the expert opinion, sometimes this process far exceeds the procedural deadlines. Often, incorrectly gathered vowel evidence in the case is a problem in the preparation of such expertise due to incomplete and unclear questioning of case witnesses resulting from the lack of specialized medical knowledge by investigators. It is appropriate for their work to be assisted by qualified medical specialists in the case, including through a procedurally arranged presence at the interrogations. Too often, incomplete and vague medical records need to be filled in as factology from the vowel evidence collected. However, a major problem with this type of expertise remains the objective assessment of events and the causes of omissions and errors. This assessment requires relatively clear and generally accepted medical criteria for the correctness or non-diagnostic activity. In the Republic of Bulgaria medicine is not doctrinal and therefore the diseases are treated according to generally accepted methods in the medical science and practice. The rules laid down in the so-called "Clinical pathways" cannot be expert criteria for the quality of medical activity. Medical standards create conditions for good treatment, but not the way of treatment. The rules of good medical practice at this stage are a good wish and their preparation by the Specialist Medical Associations is a matter for the future. Because of this, too often, subjectiveness and lack of justification in drawing conclusions are allowed in the expertise applied in cases involving participants - physicians in the process, which leads to negative results: makes it very difficult for the lawyer, leads to the appointment of numerous consecutive examinations, often leading to contested and doubtful decisions. An urgent reassessment of the criteria for resolving such cases is required.
- Publication
Knowledge: International Journal, 2019, Vol 35, Issue 4, p1359
- ISSN
2545-4439
- Publication type
Article