Objective medical-legal analysis to assess potential medical liability

EXPERT WITNESS INTERVENTION

The medical expert’s intervention involves carrying out a technical analysis of the care provided based on the available clinical documentation clinical documentation. The aim is to assess whether the care provided complies with lex artis ad hoc and to determine, based on an objective medical criterion, whether medical liability exists in the specific case.

The expert reviews the patient’s clinical course, the diagnostic and therapeutic decisions made, and whether they were consistent with accepted clinical practice at the time of care. This assessment provides a well-founded healthcare-based opinion for judicial or out-of-court proceedings.

OPINIONS AND REPORTS

Criteria Médica prepares different types of expert opinions and reports depending on the stage of the proceedings and the purpose of the engagement.

Medical expert report

Specialised medical analysis carried out by specialist physicians. The report sets out the technical assessment of the care provided and may be confirmed in court.

Feasibility report

Initial review of the medical documentation to determine whether it is appropriate to bring or defend a medical liability claim.

Causation report

Assessment of the relationship between the healthcare intervention and the harm caused, determining whether the clinical outcome can be medically attributed to the care provided.

Loss of chance report

Assessment of a possible reduction in the chances of recovery or a better clinical course resulting from the care provided.

COURT CONFIRMATION

Our specialists take part in the confirmation of the expert report before the courts when the proceedings require it.

During confirmation, the expert explains the content of the report, responds to clarifications requested by the parties and the court, and provides the technical basis for the conclusions reached, bringing medical clarity to the process.

ANALYSIS METHODOLOGY

The expert assessment is carried out through a full analysis of the medical record, diagnostic tests, medical reports and documentation submitted in the proceedings.

Each case is assigned to the appropriate medical specialist depending on the pathology involved, enabling an assessment aligned with real clinical practice and with the scientific standards of each discipline.

The working methodology is based on an orderly review of the documentation, comparison with clinical guidelines and up-to-date medical literature, and the issuance of objective conclusions based on a strictly medical criterion.

ACCUMULATED EXPERIENCE MAKES IT POSSIBLE TO CONFIDENTLY HANDLE PROCEEDINGS OF DIFFERENT NATURES AND LEVELS OF COMPLEXITY IN HEALTHCARE AND CIVIL LIABILITY