Legal Problems on Medical Certificate and Expert Opinion for Legal Practice.

Jeon, Jae Joong

Original article

Korean Journal of Legal Medicine 1997;21(2):90-97.
Published online October 31, 1997.

Legal Problems on Medical Certificate and Expert Opinion for Legal Practice.

Jae Joong Jeon

Law Office of Kyeong and Jeon, Korea.

Abstract

Medical records and expert opinion are very important in resolving various issues of law. This importance has increased recently as the result of growing number of cases before the courts. Unfortunately, however, the present situation is far less satisfactory, and particularly go with respect to medical reports and expert opinions, The problem is twofold, first, doctors are totally unable to investigate fully the medical history of a patient, when the patient is assigned for their evaluation. Medical records are not available to doctors, except when the records exist at the very hospital where the evaluation takes place. Second, lawyers cannot obtain independent counsel from doctors even for a fee. General criticism is that korean doctors are very much reluctant to give their opinion even when there exists a genuine conflict of medical opinions.