Published 2026-01-30
Keywords
- Clinical record,
- medical liability,
- evidentiary inferences,
- civil evidence,
- evaluation of evidence
How to Cite
Copyright (c) 2025 Pro Jure Revista de Derecho - Pontificia Universidad Católica de Valparaíso
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Abstract
In this work, jurisprudence on medical liability is analyzed and the clinical record is identified as an essential evidentiary input to be able to prove facts that occurred in the sanitary field. It is argued that the classification and attribution of evidentiary value of means of proof in the civil process is obsolete about complex documents such as the clinical record. Then, an inferential approach is proposed to be able to reflect in the factual judicial motivation, the evidentiary strength it deserves, within a legal or assessed evaluative system, using clinical guidelines and specialized medical literature as guarantees of strength, coherence, and acceptance.