The Case of Asphyxia caused by Choking Milk: The Judgment of the unreal Failure to Discharge a Legal Duty Due to the Negligence of Medical Care
It depends often on the result of the assessment to win the medical lawsuit. It is therefore necessary to the prosecutors and the judges to be able to inquire and understand the result of the assessment. However, there were sometimes invalid inquiry in the legal praxis because of lacking of background knowledge or being misled. Furthermore were there false understanding of the result of the assessment, causing the judgment which was divergent from the common sense. Concerning the unreal failure to discharge a legal duty, it is additionally about the judgment of the possibility of eliminating risky result and the quasi causality that the nursing stuff had done. An inquiry and a doubt about the medical professional knowledge the court has might not be excluded. They should be based on the scientific evidence to follow the principle in dubio pro reo.