Penal and civil liability of the medical expert witness in the Austrian legal system

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Abstract

The specific regulations of work as a medical expert in the Austrian legal system are explained. This function is regulated by both penal and civil code, but also by the Austrian Act on Physicians. Although the medical expert should be aware of the importance of his role and the manifold possibilities for delivering a wrongful expert opinion, it should be possible to avoid both penal prosecution and civil liability, given appropriate knowledge, skills, experience and care are applied.

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