[Expert testimony in malpractice suits]

Abstract

As part of his professional activities, every physician has the right, and--if he is appointed by a court of law as an expert witness according to sec. 407 ZPO, 75 StPO--even the duty to write expert opinions. An expert witness has the same privileges not to testify as any other witness. The expert opinion has to contain only information about the basics and the standards of the expert's field as well as informing about the necessity of each step of the medical treatment. He is not up to the expert to answer legal questions or decide the question of negligence. In case of a culpable violation of the duty to provide a correct expert opinion, there may result a liability for a wrong expert opinion.