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Medicolegal Malpractice Analysis

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Medicolegal Malpractice Analysis
For the forensic pathologist, medicolegal malpractice assessments are an important part of his work. To act as an expert witness, he must have “a sufficient knowledge, education, training, or experience regarding the specific issue before the court to give a reliable opinion on a relevant issue”. For an expert testimony, the following conditions have to be proven:

a. The assessment of damage
b. The direct causality
c. If the injury is the consequence of mistaken conduct
d. The adequacy of the causal connection
e. The objective foreseeability (i.e. “the quality of care that would be expected of a reasonable practitioner in similar circumstances”)
f. The subjective foreseeability of the risk
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