Der medizinische Sachverständigenbeweis in der obligatorischen Unfallversicherung

Medical expert evidence plays a central role in accident insurance proceedings, as it is often not possible for the insurance carrier to clarify the legally relevant facts without an expert opinion due to a lack of specialist expertise. Once the expert opinion is available, the insurance carrier usually bases its decision on it. Against this background, the question arises as to what requirements the expert opinion procedure, the expert and the expert opinion itself must meet in terms of quality in order to be able to speak of fair expert evidence and, consequently, of a fair decision. In this work, these three aspects are examined in depth, problem areas are identified and solutions are proposed, the implementation of which should contribute to fairness in expert evidence.

Author:
Dr. iur. Anna Böhme.