Abstract

MOMBLANC, Liuver Camilo. The Medical History in the Judicial Process for Medical Responsibility in Cuba: Scope and Probative Value. Opin. jurid. [online]. 2021, vol.20, n.42, pp.423-445.  Epub May 19, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n42a17.

The main purpose of this text is to analyze the scope and evidentiary value of clinical history in the legal-procedural field, in the light of the Cuban legal system as opposed to the disputed definition of its character as a public or private document. As a secondary objective, it seeks to identify those factors that constitute legal risks associated with clinical history and that affect their evidentiary value. With these aims, the methodology followed was essentially based on the methods of analysis-synthesis, induction-deduction and hermeneutics, applied within the framework of a documentary, argumentative and exploratory type of investigation. Among the results, the behavior of the state of the art of the subject in the country and the legal shortcomings in this aspect are shown. The conclusion points out the need to harmonize the health legislation that refers to the clinical history with the requirements established from our civil procedural norm regarding the public or private character of the documents.

Keywords : legal risk; documentary evidence; public document; private document; malpractice.

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