Problems of Forensic Sciences 2008 Vol. 74 (LXXIV) 150-160

DEPRESSION AS A PROBLEM IN FORENSIC CERTIFICATION

Elżbieta SKUPIEŃ1, Filip BOLECHAŁA2
1Institute of Forensic Research, Krakow, Poland
2Chair and Department of Forensic Medicine, Collegium Medicum of Jagiellonian University, Kraków

Streszczenie

The present work focuses on commonly encountered problems and mistakes in forensic reports and psychiatric certificates, concerning persons with a diagnosis of broadly understood depressive syndrome. It was found to be useful to draw attention to the necessity of more precise legal-medical guide lines on the concept of mental illness and to work out uniform criteria of expert reporting in particular groups of cases. The authors have observed that recently the focus of psychiatric expert reporting has increasingly been shifting from the is sue of ac count ability to an assessment of state of health, both in criminal cases and in civil cases. In more than 90% of such cases subjected to ex pert opinions at the Department of Forensic Medicine, the examined persons had various types of depression diagnosed. In the present work, problems resulting from confrontation of medical documentation with the results of examinations, the commonly occurring problem of a lack of treatment that is appropriate to the diagnosis, and the results for the patient discontinuation of fulfilment of social roles and marginalisation linked with the iatrogenic influence of a too hasty diagnosis are discussed. To support the conclusions, a justification of a verdict issued by the European Court of Human Rights in Strasbourg has been presented relating to one of the expert reports is sued by us. It was found necessary to in form physicians taking part in treatment about the importance of particular medical documents and the responsibility of the doctor issuing them, as well as differences between the approach of the doctor diagnosing and treating patients and the approach of the doctor who is responsible for the difficult task of drawing up a forensic expert opinion.

Słowa kluczowe
Depression; Expert reporting; Psychiatric certification.

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