Need for a medical expert opinion as a requirement to admit medical Liability demand

Abstract

The importance of a medical expert opinion in medical liability claims is fundamental, since in order for the conduct of a doctor to be assessed, and to establish whether he acted in accordance with the provisions of the medical ethics law, or the lex artis, necessarily requires an expert who as an expert determines whether or not the doctor acted in accordance with the requirements of medical science, hence it should necessarily be noted that in processes where a medical professional is tried, without there being Medical expert, it will be difficult to conclude whether or not he is responsible. In most medical liability processes, the plaintiffs and their attorneys, from the filing of the lawsuit, never provide as evidence a medical expert opinion that allows a directive to be given to the judicial operator, but always request that the practice of This test, through an official letter to the competent authorities such as the National Institute of Legal Medicine and Forensic Sciences, an entity that, due to having a large congestion of requests for expert opinions, delays the delivery of the same. A change must be established that allows the requirement of a medical expert opinion with the presentation of civil liability claims and that is a requirement for admission thereof, in order to assess its incidence in the speed to issue a judgment.