Translated from the Portuguese original published by the Federal District Board of Medicine (CRM-DF) in April 2023, while I served as the board’s Internal Affairs Officer: A Importância do Médico Perito na Justiça e a Imparcialidade como Pilar Fundamental.
The medical expert is a professional of extreme importance to the proper functioning of the judicial system. This figure is responsible for providing technical and objective information on the medical questions that may be involved in legal cases, assisting judges in their decisions and contributing to rulings that are fairer and better balanced.
The presence of this professional in the courts is essential if judges are to reach fair and well-grounded decisions in cases involving medical questions, such as workplace accidents, compensation for moral and material damages, disability and many others.
To perform this function, the medical expert may analyze medical records, laboratory tests and imaging studies, interview people and examine the person being evaluated, in search of detailed information relevant to the case.
Impartiality
Impartiality is a fundamental principle of forensic medical practice. The medical expert must act in an unbiased and objective manner, never allowing personal opinions or private interests to interfere with the analysis. This stance is crucial to guarantee the credibility of the reports and opinions issued, and to ensure that justice is effective.
It is also important that the professional remain up to date and in constant improvement, in order to apply the best practices and knowledge available at the time of the evaluation. And the expert must always justify conclusions clearly and on consistent scientific grounds.
Finally, the medical expert can help identify fraud and illegal practices, such as the simulation of illness or injury, contributing to the fight against impunity and the promotion of justice.
In short
The medical expert is a key piece of the judicial system, providing technical and detailed information on the medical questions involved in legal proceedings. Impartiality is a fundamental principle of this work, guaranteeing the credibility and effectiveness of the reports and opinions issued. The presence of the medical expert is therefore fundamental to ensuring justice and a correct judgment.