In today’s time the role of an expert has vital importance as it helps to connect the link that helps us understand the connection between the conduct of a case and the amount of harm that is suffered by the individuals. The physicians are called upon to give their opinion and care and then their judgement is recognized absolutely.
The vital role of the expert medical practitioner and the analysis given by them will have a major impact not only on the defendants but also the plaintiffs, the courts and legal system and most importantly the society at large. The reason for having an expert opinion is to resolve the judicial conflict over adjudication of any case or issue. Also in the litigation cases of the medical practitioners and doctors the adjudication if largely based on the opinion of the expert physician.
The Indian judicial system has also defined the term Expert under Section 45 of the Indian Evidence Act states that “When the Court has to form an opinion upon a point of foreign law or of science or art, or as to identity of handwriting [or finger impressions], the opinions upon that point of persons specially skilled in such foreign law, science or art, [or in questions as to identity of handwriting] [or finger impressions] are relevant facts. Such persons are called experts.”
Following are the few essential of a physician to be an expert:
Role of Expert
The basic role of an expert is to make individuals aware about the utmost care taken during an ongoing case with regards to all the facts and and certain other variables that are related to the case as it forms the basis of the expert opinion. Therefore following are the roles of an Expert when called upon to give an opinion for a case:
The necessity of an expert was also stated through the case of V. Kishan Rao v. Nikhil Super Speciality Hospital a landmark judgement that an expert is essential in cases which have critical information and issues. This is because an expert can provide information through those facts which others may not be able to.
Wrapping it up
Expert evidence plays a very important role in defending any medico legal case. Since judges do not, and are not expected to have the knowledge of medical issues, they take help of experts in technical matters. However, very often the cases are lost because expert evidence is not produced before the court.
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