Article
The term causality in neurosurgical expert opinion concerns: "Enemy mine", an old friend with many faces
Der Kausalitätsbegriff im neurochirurgischen Gutachtenwesen: "Geliebter Feind", ein alter Bekannter mit vielen Gesichtern
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Authors
Published: | April 23, 2004 |
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Outline
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Objective
The term causality has an outstanding relevance and important evidence in neurosurgical expert opinion. It is necessary in every expert opinion of coherency and in the most expert opinions for pension or for judgement. The different meanings and their implications in context with juristical demands in criminal, civil and social law are not well known.
Methods
Different aspects of the term causality are presented especially with regard to the adaequance theory prevailing in civil law and pointing out the theory of substantial condition dominating in social law. This is done refering to the scientific-philosophical definition of the term causality and regarding the differentiation and discussion of the term cause according to the neurosurgical literature. Implications and consequences for experts opinion are illustrated.
Results
To elucidate the term causality is not trivial. The knowledge of the various meanings and their differentiation is essential in decisionmaking in expert opinion and according to the legal basis of the asked questions not only helpful but mandatory. This is important especially in questions of legal relevance of a medical cause which is considered to be essential. Depending on criminal, civil or social law proceedings significance and implications may vary.
Conclusions
The term causality in expert opinion has various meanings with different impacts according to juristical demands in criminal, civil and social law. Differenciated knowledge of this variety and accurate use of it is indespensable in expert opinion.