THE IMPORTANCE OF THE “LOSS OF A CHANCE” THEORY IN THE POINT OF VIEW OF FORENSIC MEDICINE
submitted Sept. 21st 2018 accepted April 23rd 2019
Lucas Pedroso Fernandes Ferreira Leal (1)
Viviam Paula Lucianelli Spina (2)
Élcio Rodrigues da Silva (2)
Jonas Aparecido Borracini (2)
Fabio Tadeu Panza (1)
(1) Instituto de Medicina Social e de Criminologia do Estado de São Paulo, São Paulo-SP.
(2) Juizado Especial Federal, São Paulo – SP
The “loss of a chance” is an innovative theory accepted in the Brazilian legal system. The adequate supply to the competent authority for clarification on the matter at hand, according to the actual situation of the individual and based on medico-legal knowledge, is responsible for the formation of the magistrate’s conviction, contributing to justice. In this light, it is of great medical-legal interest that every expert knows doctrinal aspects related to the “loss of a chance”. In civil lawsuit, cases that involve claims specially about health care and compensation payments for alleged damages require a complete medical report. Expert evidence must translate the complexity of technical evaluation into a set of reasoned conclusions, according to the real situation of the individual and considering the general principle of full compensation of personal damages.
Key-words: expert testimony; damage assessment methodologies; compensation and redress; moral damage; loss of a chance.