expert, appraiser
July 6, 2010 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
One month ago, I had a court hearing appointment that I could not attend. My therapist wrote me a note stating that I was unable to travel and attend the hearing due to a specific phobia that I have had for decades. Now, the district court has contacted me requesting that a medical assessment be conducted. I am supposed to go to clinic xxx and see Dr. xxx for this assessment.
I have some questions:
Is Dr. xxx a completely neutral doctor who only conducts these types of assessments? What exactly will be done during the assessment? If I disagree with the assessment, can I appeal and request a counter-assessment, for example, from my therapist? Would it be helpful for my therapist to write a medical report for Dr. xxx?
Can I request a copy of the assessment at the appointment, or will it take longer to receive it? If the doctor schedules a specific appointment for me, can I reschedule it due to illness or work commitments? If I am ill, is a medical certificate sufficient or does my therapist need to provide a note? How long can appointments be postponed?
What authority does the doctor have? What recommendations can you give me on how to act in this situation? I kindly ask you to provide me with the relevant legal paragraphs so that I can refer to them.
Best regards,
Dear inquirer,
Thank you for your inquiry.
I would like to address your questions as follows:
Regarding Dr. Becker: I am not familiar with this doctor, so I cannot provide a reliable judgment. However, I strongly believe that he is a neutral doctor as he is listed in the court expert list. The exact nature of his work depends on the specific question that needs to be answered by the court. Based on your description, the doctor will conduct a psychological examination to determine if you are truly unable to travel and act.
If the report indicates that you are indeed unable to travel and act, the court will likely consider this in their decision-making process.
Regarding challenging the report: Yes, you have the right to contest the report and commission your own counter-expert opinion, for example from your therapist.
Regarding providing medical records to Dr. Becker: It would be advisable for your therapist to communicate with the expert. You have the right to request and review a copy of the report through a request for access to files.
Regarding rescheduling appointments: If you are unable to attend an appointment due to illness or work commitments, you can request a rescheduling.
Regarding providing medical certificates: It is usually necessary to provide a medical certificate for rescheduling appointments. The duration for rescheduling appointments may vary, and a new appointment will be set by the court.
Regarding the doctor's authority: The doctor has the same authorities as any other doctor. However, it is advisable to cooperate with the doctor.
I hope I have addressed your questions satisfactorily and wish you a pleasant Tuesday evening.
If you have any further questions, please feel free to ask.
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Lawyer
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/57774
