Criminal Law and Professional Misconduct of the Surgeon: The Impact of the Expert Report
Seance of wednesday 16 january 2019 (Section consultants experts « les indications opératoires : quelle stratégie d’expertise et quelle responsabilité pénale ? »)
DOI number : 10.262999/c9c-1g80/emem.2018.1.009
Abstract
The criminal law is a punitive law. The surgeon may be prosecuted for professional misconduct.
In such a case, a judicial expert report is essential to prove the bound between the fault and the damage.
Without obliging the judge to follow the advice of the expert in settling the legal issue, the judicial report of an expert selected from a list held by a Court of appeal from the national list held by the Court of cassation, will, most of the time, determinate the qualification that the judge is entitled to adopt, without, of course, any substitution from the expert to the decision power of the judge.
In such a case, a judicial expert report is essential to prove the bound between the fault and the damage.
Without obliging the judge to follow the advice of the expert in settling the legal issue, the judicial report of an expert selected from a list held by a Court of appeal from the national list held by the Court of cassation, will, most of the time, determinate the qualification that the judge is entitled to adopt, without, of course, any substitution from the expert to the decision power of the judge.