Medical Malpractice Claims

Medical malpractice claims allege that harm resulted from a deviation from the accepted standard of medical care during diagnosis, treatment, monitoring or intervention. Expert opinion provides scientific assessment of the medical record and relevant standards to answer specific technical questions.

Under HMK Art. 293, parties may obtain scientific opinion on any issue requiring specialized knowledge. In criminal proceedings, CMK Art. 67/6 expressly permits the same. Expert opinion addresses whether the care provided met accepted standards, and whether any deviation is causally linked to the alleged harm.

Expert opinion in malpractice matters may be obtained by patients or their counsel as well as physicians, hospitals or their legal representatives. In criminal cases, CMK Art. 67/6 extends this right to prosecutors, complainants and defense counsel.

• Was the diagnostic, treatment or monitoring approach consistent with accepted medical standards at the time of the events?
• Can the distinction between a preventable error and an inherent complication be established from the medical record?
• Is the alleged harm causally linked to the medical management, based on available documentation?
• Does an existing expert report reflect methodological and factual consistency with the case file?