Expert evidence and your importance for medical law in lawsuit of civil responsibility Ana Eduarda Bazzo Pupim, Verônica Scriptore Freire e Almeida

Abstract

The present study aims to discuss the importance of medical expertise in the judicial process, especially in lawsuits of civil responsibility, in view of being a means of proof in search of the real truth of great weight in the decisions of the magistrates, to which the expertise can determine the course of the lawsuit and the sentence itself, even if the judge is not attached to it. For the elaboration of the present study, the deductive methodology was used, to which bibliographic research was made, in this way, classic works, doctrines, articles and jurisprudence on the subject were listed. Then, files, summaries and reviews of the selected bibliography were prepared. Afterwards, the documents were analyzed and the present study was elaborated, reaching the result presented here. In this way, it concluded that even if the judge is not attached to the report produced through the expert evidence, this, when forming its conviction in search of the real truth, restricts its decision based on the report, as this is often the means of evidence available in lawsuits of civil responsibility within the scope of Medical Law, therefore, of paramount importance in the processes.