Methodology for the evaluation of bodily harm by medical expert witnesses

Abstract

Medical and forensic evaluations performed in Brazil for indemnity purposes need a necessary harmonization of concepts and methodology. This article presents the methodology and concepts used by the European community which follows the indications of the European Confederation of Specialists in Assessment and Repair of Bodily Injury (CEREDOC), particularly in Portugal. The classic criteria of causality or medical imputability is described and analyzed, as well as the elements of damage that may be subject to compensation, designated as temporary and permanent damage parameters. Following are reflections on the necessary harmonization of these assessments, which should contain clear, objective and detailed descriptions of the body damage, identify the concepts and instruments used in the assessment, based, whenever possible, on the consultation of clinical documents. It must also contain the analysis and interpretation of the bodily harm suffered by the person, in order to allow its understanding by all the parties involved. Finally, the importance of training courses for Medical Expert Witness and other clinical specialists who have an interest in this matter is emphasized. It is an expectation that has been achieved through the efforts, dedication and solicitude of professional from both countries and thanks to the partnerships established between Portuguese and Brazilian institutions.