NEXO DE CAUSALIDADE NA AVALIAÇÃO DO DANO À PESSOA

Abstract

INTRODUCTION: The discussion between the knowledge of medicine and law is increasingly relevant, especially with the growing demand for medical expertise in society. The objective of this work is to address the causal link in legal medicine and medical expertise. METHODOLOGY: Critical and anlytical reflection of the bibliography with proposals that innovate thinking on the subject. Research was carried out in the Medline, Virtual Health Library, Periodicals Capes and Scielo Brasil databases, with the aim of substantiating the relevance of the topic for expert action. RESULTS/DISCUSSION: We discuss the concept of cause and its historical basis, causality and imputation. Causal link in medicine and legal medicine and medical expertise/legal medicine/forensic sciences. CONCLUSION: Causal link in legal medicine and medical expertise assesses the relationship between alleged cause and existing damage (disease, disorder or injury, with injury to the person). In cases of trauma it is based on Hregardinill’s criteria. However, in cases of diseases and disorders, the definition of the initial moment of the disease or the disorder is compromised, requiring new methods and techniques to withstand such complexity, regarding this relationship. We ask: How to enrich scientific theory and methodology beyond hypothesis testing? How to use explanatory concepts and models, capable of addressing complex issues? How to take health beyond mere risk configuration? How to be transdisciplinary, where interdisciplinary work is not yet a reality? The answers to these questions depend on the future and evolution of science that involves the establishment of link in the evaluation of personal injury.