Judicial Expert Specialized in Surgical Responsibility: Which Conditions and Which Practical Methods for an Access to Insciption?
Seance of wednesday 06 january 2021 (Dommage en responsabilité chirurgicale : quelles preuves médicolégales ? Quelles caractéristiques en juridiction administrative ? Quelles conditions pour l'inscription comme expert judiciaire)
DOI number : 10.26299/dgwy-w545/emem.2022.1.003
Abstract
When documents concerning medical responsibility are referred to them after a surgical action, the civil judge as well as the penal judge can order an advice to be given by one or several official referees if one of them is specialized in surgical responsibility.
Normally the official referees are selected out of a register dressed each year by the court of appeal or the supreme court according to a list of names. The conditions of applying for that list, conditions which are limited in time and subject to periodic re-inscription, certify qualification, honorability and independence of these referees who take the oath to serve justice and law of their nation and to train and improve themselves regularly after their nomination.
To be nominated on that list of referees approved by the supreme court (national list) the referees must have been registered not less than five years ago on a list of the court of appeal and justify also by professional excellence, scientific publications, oral interventions during congress sessions, a rich activity of expert survey in several competences of the court of appeal, all those qualities bringing notoriousness on the national level.
There is also a possibility for the judge to give mission to a referee not included in such a list if there is an important reason like the avaibility and qualification of this referee who, of course, has to take the oath to serve justice. This possibility is interesting if the list of one medical speciality is full or if there is no referee appearing in one speciality. The referee, intruded like this into a list, will discover all technics of expert valuation and so will become a professional referee.
Normally the official referees are selected out of a register dressed each year by the court of appeal or the supreme court according to a list of names. The conditions of applying for that list, conditions which are limited in time and subject to periodic re-inscription, certify qualification, honorability and independence of these referees who take the oath to serve justice and law of their nation and to train and improve themselves regularly after their nomination.
To be nominated on that list of referees approved by the supreme court (national list) the referees must have been registered not less than five years ago on a list of the court of appeal and justify also by professional excellence, scientific publications, oral interventions during congress sessions, a rich activity of expert survey in several competences of the court of appeal, all those qualities bringing notoriousness on the national level.
There is also a possibility for the judge to give mission to a referee not included in such a list if there is an important reason like the avaibility and qualification of this referee who, of course, has to take the oath to serve justice. This possibility is interesting if the list of one medical speciality is full or if there is no referee appearing in one speciality. The referee, intruded like this into a list, will discover all technics of expert valuation and so will become a professional referee.