Dowód z opinii biegłego w sprawach medycznych w postępowaniu cywilnym
The role of expert opinions in medical cases within civil proceedings
Author(s): Dorota CharkiewiczSubject(s): Civil Law, Health and medicine and law, Philosophy of Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: civil procedure; expert opinion; medical cases; physician's civil liability; judicial evaluation of evidence;
Summary/Abstract: The purpose of the article is to analyze the significance of expert opinions in medical cases within civil proceedings and to assess the limits of the court's discretion in evaluating evidence when specialist knowledge is required. The thesis put forward is that an expert opinion constitutes a crucial type of evidence in medical cases in civil proceedings. The study applies the dogmatic-legal method, based on the analysis of the provisions of the Code of Civil Procedure, the Civil Code, as well as the case law of common courts and the Supreme Court. he conclusions lead to the statement that expert opinions are of significant importance in medical cases in civil proceedings - they not only assist courts in the proper reconstruction of the facts but also constitute an important factor influencing the substantive consistency of judgments with the objective realities of medical cases.
Journal: Kortowski Przegląd Prawniczy
- Issue Year: 2025
- Issue No: 4
- Page Range: 19-31
- Page Count: 13
- Language: Polish
