MEDICAL-EXPERT CONSIDERATIONS FOR THE ASSESSMENT OF FUTURE DAMAGE

 

Jonas Aparecido Borracini (1)

Lucas Pedroso Fernandes Ferreira Leal (1)

Élcio Rodrigues da Silva (1)

Viviam Paula Lucianelli Spina (1)

Fabio Tadeu Panza (1)

(1) Médicos Diretores do Núcleo de Perícias Clínicas do Instituto de Medicina Social e Criminologia do Estado de São Paulo (IMESC) – SP

E-mail: j.borracini@me.com

 

ABSTRACT

Medical expert evidence must comply with legal proceedings. In the assessment of personal injuries, physicians must respond to the object of litigation, translating the complexity of technical evaluation into a set of reasoned conclusions, contributing to Justice. The medical report needs to be complete. It is essential that the damage is identified, described and assessed according to a rigorous scientific method as well as the actual situation of the individual. The Future Damage is particularly difficult to identify and assess, given that it is not present at the time of the expert’s assessment, however, it must be considered, given its predictability based on technical and epidemiological content. We defend that the assessment and the repair of future damage would be fair and appropriate to the Brazilian reality if it is already performed in the initial medical evaluation, thus enabling the individual to enjoy the assigned compensation. In this way, this article seeks to establish that the specialized medical literature combined with the Law would allow a quantification that may not be precise as to its extent, but it is certainly logical and fundamentally scientific, contributing to Justice.

Keywords: Future damage, body damage, medical evaluation, civil responsibility