Concept of medical expertise in Obstetrics and Gynecology

In Turkey, Gynecology and Obstetrics is the field with the highest rate of judicial-administrative problems among expertise fields. It often plays a significant role in the judicial decision in files which are engaged in lawsuit requiring medical expertise. The duty of medical expert is only to explain if the evaluation, examination or treatment/ surgery performed by physician conforms to the established medical rules or not and other events causing harmful results, together with scientific grounds. The expert should know legal arrangements about expertise. Expertise has two types which are judicial expertise and medical expertise. As of 2010, the obligation for penal courts to take decision from Supreme Council of Health was annulled. Apart from them, “scientific opinion” can be asked pursuant to the article “expert opinion” according to the Code of Civil Procedure. Also, “expert opinion” can be received from peer hospitals, private branch hospitals and expertise societies. Medical expert should state if it is acted in accordance with medical science and code of practice during the procedure or not instead of stating if those performing the procedure are faulty or not. In concrete cases, “Judge” has the right to determine the flaw. In medical errors, it especially should be explained if healthcare professional claimed to be the faulty one paid attention as required during procedure or not, if he/she was negligent according to the medical requirements and rules or not, if he/she conformed to “Medical standards” or not, and if was there any difference between those that should be done according to medical science & technique and the performance and treatment performed. The comments of medical expert should be comprehensive, fair and unbiased. Medical experts should have some characteristics with their knowledge, reporting and evaluation. Therefore, there are always negative discussions about expertise. Presence of completely opposite opinions in the reports taken from various experts is one of the reasons. The discussions on “Expertise Law Draft” prepared for such reasons in the beginning of 2016 still continue.