The legal expert doctor is a doctor who devotes part of his activity to justice. He carries out medical expertise at the request of the judge. When does it come in? What is his role ? Where to find it?
What is a forensic doctor?
The legal expert doctor is a doctor who, usually in addition to practicing his medical activity, carries out forensic expertise related to his field. Expertise generally represents only part of its activity. It can be a general practitioner, psychiatrist, surgeon or medical examiner. “The legal expert doctor is registered on a list of court of appeal, which means that he is referenced by the courts as being someone in a technique, an art or a field that can bring by his knowledge , a contribution to legal litigation or a legal request to shed light on a point or on elements for the magistrates in order to help them mature their decision. The legal expert doctor provides elements of reflection and evidence on the substance and form“, develops Dr. Renaud Clément.
When does it come in?
The legal expert doctor works for the courts. During a mission, he becomes what is called a court officer : he brings his scientific technical competence to help the magistrates to base their decision or to settle the dispute.
What is his role ?
The legal expert doctor evaluates the damage suffered by a person after accidental and/or traumatic events. It can also be brought to determine the responsibility of the author who has committed an offense and demonstrates his discernment. For example, a expertise in the field of psychiatry aims to psychologically and psychiatrically assess the author of an act who may be judged by the assize court or the criminal court in order to be able to help the judges to rule on his ability to understand the sanction which will be applied to him. The mission of the forensic medical expert may be ordered during the investigation phase of a case. “After having taken cognizance of the facts, the forensic medical expert must examine the victim, listen to him, consult his medical file in order to write a complete expert report concerning the functional disorders suffered (physical and/or psychological) and already consider the harm suffered by the victim and the consequences on the latter. From this report, the magistrate will be able, among other things, to estimate the damage suffered and determine the amount of compensation for bodily injury“, specifies the legal expert doctor.
We send our request with the public prosecutor who forwards it to the expert service of the court of appeal. There are several courts of law that annually review applications for candidacy sent by the public prosecutor.
Where can I find the list of forensic medical experts?
“Each court of appeal draws up a list. When you type on Google “list of expert doctors at the Rennes Court of Appeal”, the list of experts appears. People are referenced with their area of expertise“, says Dr. Renaud Clément.
What is the salary of a forensic doctor?
The consignments do not allow a doctor to live exclusively from the expertise, unless he practices within an insurance company. On average, the fees of a legal expert doctor are between 800€ and 1500€.
Any physician may request his registration on a list of Court of Appeal. The request must be made to the public prosecutor, at the judicial court on which he depends. A diploma in legal compensation for personal injury is a plus but not mandatory.
Thank you to Dr Renaud Clément, forensic pathologist, head of the legal medicine department of the University Hospital of Nantes.