Psychiatric reports

Psychiatric reports

A medical expert is a physician who gives an opinion on behalf of a client (e.g. courts, insurers, professional associations, lawyers, private individuals) on questions concerning the state of health, illnesses, incorrect treatment and physical injury of patients.

Definition of medical opinion

A medical report is the scientifically justified opinion of an expert on an established fact, which is usually specified by the client of the report. The questions to be answered in the opinion are specified by the client in the order. This also makes it clear whether a certain relationship of a medical circumstance to a named cause is to be confirmed or rejected by the expert opinion (so-called causality opinion), or whether effects of a medical circumstance on named consequences are to be confirmed or rejected by the expert opinion. opinion should be confirmed or rejected (so-called final opinion). In any case, the expert opinion has clearly identify the facts on which the expert has based his conclusions and must make them clear, which is the expert's opinion on the underlying facts. The clear Identification of the assessed facts in the medical report is indispensable.

Distinction between judicial, regulatory and private opinions

In particular courts, authorities in public law proceedings and neutral bodies (such as arbitration boards) place orders for expert opinions with physicians who - already on the basis of the usually independent client - are geared towards maximum objectivity and neutrality. These appraisals are contrasted with appraisals that are private and often written with the intention of a specific The results of the evaluation can be commissioned. These appraisals are carried out as private appraisals or - if the expert opinions are commissioned in the context of legal proceedings - party expert opinions. It should be noted that private or party appraisals can also be appraisals that are prepared by have been commissioned primarily to independent bodies. Expert opinions issued by authorities in the before a legal proceeding, in no way as a legal opinion in court, and are treated there largely like private or party appraisals. The determination of whether a judicial or official or a private expert opinion has been commissioned Impact on the question of the obligation to provide an expert opinion, liability and compensation of the Surveyors.

Regardless of the type of expert opinion, however, the assessor must always be guided by scientific, objective standards and must not be guided in its assessment by the possible interests of its or of the other parties involved. 

Supervision procedure - the principles behind it

The care procedure is understood as a procedure of voluntary jurisdiction. The guardianship court will decide on a guardianship order. According to the will of the German law, here concretely of the care right, the care procedure does not represent a legal proceeding with plaintiff and accused, but it is rather a procedure, with which only procedure parties are present, so possibly the cared for one, as the one, who made the request. The supervising court, which is competent, is a subdivision of the respective competent district court.
Expert opinions and appraisers
In addition to the social report of the local care authority according to § 8 BtBG, an expert opinion is required. In this expert report the necessity of the care is defined. It must contain information about the previous history and facts of the case, investigation results, and finally an assessment with a concluding summary and prognosis. The examination must include a personal interview. If the expert comes to the conclusion that support would be useful, he/she must also limit or name the corresponding areas of responsibility of the prospective supervisor.

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