Literature review

FORENSIC MEDICAL EXPERTISE AND CIVIL LAW: RECOMMENDATION OF PHOTOGRAPHIC TECHNIQUES FOR MEDICAL EXPERT EVIDENCE

How to cite: Scaramussa FS, Gomes Filho CH, Latorre GC, Forensic medical expertise and civil law: recommendation of photographic techniques for medical expert evidence. Persp Med Legal Perícia Med. 2021; 6: e211016. https://dx.doi.org/10.47005/211016

https://dx.doi.org/10.47005/211016

Submitted 07/20/2021
Accepted 09/21/2021

Authors inform no conflict of interest.

Fernanda Sobral Scaramussa (1)

http://lattes.cnpq.br/8217523654510854https://orcid.org/0000-0002-1657-6392

Carlos Henri Gomes Filho (2)

http://lattes.cnpq.br/7704819555772823https://orcid.org/0000-0001-6079-3848

Gabriel Carmona Latorre (3)

http://lattes.cnpq.br/0962571246243977https://orcid.org/0000-0002-3124-4599

(1) Instituto Oscar Freire – Departamento de Medicina Legal, Ética Médica, Medicina Social e do Trabalho. São Paulo, SP – Brasil. (main author)

(2) Instituto Oscar Freire – Departamento de Medicina Legal, Ética Médica, Medicina Social e do Trabalho. São Paulo, SP – Brasil. (secondary author)

(3) IMESC – Instituto de Medicina Social e Criminalística de São Paulo. São Paulo, SP – Brasil.(secondary author)

E-mail: nandascaramussa@gmail.com

ABSTRACT

Photography is the process and art of recording images on image sensors or digital memory. In medicine, technical-scientific photography is used in several specialties for purposes of teleassistance, scientific education and documentation. In Forensic Medicine, it is commonly used to assist in the description of injuries or scars, facilitating the understanding of the expert evidence for law enforcement officers, as it illustrates aspects that are difficult to describe only with words. However, many photographs are still poor in quality, with color, focus and reproducibility issues for comparison. This work aims to suggest a protocol for the use of photography in medical expertise in the scope of Civil Law. The photographic technique of the Educational Technologies Committee of the Plastic Surgery Foundation was presented and discussed and contextualized in the use of photography as evidence of medical expertise. The main parameters of good quality are: use of an adequate background, blue or gray, so that there is a contrast between the skin color and the background; proper preparation of the person, removing distracting elements; correct use of lighting (flash or strobes), which must be adapted according to the environment, proper technique: anatomical landmarks of the area to be photographed must be visible in each image and must fill the photographed area. Finally, ethical and legal issues related to the consent required to use the examinee’s images were discussed, as well as a proposal for a Free and Informed Consent Term for the use of the photos taken in the forensic act.

Keywords: photography, legal medicine, forensic, medical expertise, civil, law.


Bibliographical references