MALPRAKTÝS ÝDDÝASI OLAN OLGULARDA ÖZEL BAÞVURUYA DAYALI BÝLÝRKÝÞÝLÝK VE UYGULAMADA KARÞILAÞILAN ZORLUKLAR

EXPERTISE UPON PRIVATE REQUEST IN CASES CLAIMING MALPRACTICE & DIFFICULTIES ENCOUNTERED IN INTRODUCTION

A private request for expertise before application to official institutions and during any stage of juridical investigation, is a fact seen in malpractice cases. Although expertise reports prepared upon private applications haven't been foreseen to be taken into account in trials, judges are legally authorised to make a decision upon whether to take them into consideration. However, such reports have at least a significance to guide in evaluation of the status and the loss of the victim as well as to pave to a legal process. The most crucial problem in these phenomena is that the medical documents presented are often insufficient and it is sometimes difficult to reach the hospital files. The case presented belongs to a patient admitted to Istanbul Medical Faculty, Forensic Medicine Department upon private request with the claim of malpractice. This patient surgical operationed twice with 12 days interval went into coma for 18 days and was diagnosed with "Grade 3 hepathic ansephalopathy. The patient suffering from liver insufficiency was applied a liver transplantation in abroad. In pathological assessment of the live pieces from the patient, hepatitis consistent with "halothane" was diagnosed. Expert approaches to the events with the claim of malpractice were examined and discussed in several aspects because of the phenomenon with negative viral hepatisis markers, clinical and biochemical findings of which and histopathological features of the liver are both consistent with "toxic hepatitis".