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Nexo de causalidade e estado anterior na avaliação médico-legal do dano corporal
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This work contributes to a better characterization, in forensic perspective, of the assessment of post-traumatic bodily injury when a prior state is present and promotes the uniformity increasing of the assessment carried out by professionals on the concepts analyzed. Will be addressed the possible associations between organic or traumatic pathologies and a previous state, in arder to better describe the general and specific principies for the establishment .of imputability and/or aggravation of those pathologic conditions. In that regard, will be narrated medicolegal expertise where traumatic injuries caused any further deterioration of the previous state or that this negatively influenced the trauma consequences. Such cases were analyzed, emphasizing the methodology of forensic evaluation and the form of appreciation of the prior state. The aim is to also understand what the effect of forensic conclusion in the court ruling, which concludes this work with an analysis of value or influence of forensic assessment in taking judicial decision in Portugal when a pre-existing pathological condition was present, identifying the strengths and weaknesses of it.
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Keywords
- evaluation of post-traumatic corporal damage
- Portuguese
- Prior state
- responsability
Links
DOI: 10.14195/978-989-26-1144-0Editions