ETHICAL AND LEGAL PROCEDURES TO REFUTE ERRONEOUS MEDICAL REPORTS

Abstract

This study addresses the issue of inadequate medical reports, a theme that arises from the need to understand the ethical and legal procedures in their contestation, as well as the challenges faced by gifted people who receive such diagnoses. The problematization lies in the lack of understanding of the specific characteristics of giftedness, leading to medical errors, negligence and/or malpractice on the part of mental health professionals. The general objective is to provide a review of the ethical and legal principles involved in the challenge of erroneous medical reports, offering guidance on the procedures to be followed in this process. Its specific/secondary objectives are: a) to highlight the importance of considering the specific context of each ethical situation; b) to provide a practical approach to dealing with ethical dilemmas in clinical practice; c) explore fundamental ethical issues related to medical practice; d) to provide a solid basis for understanding the ethical and legal principles involved in challenging medical reports. The methodologies employed involve review of academic-scientific texts as well as relevant legal works and applicable legislation (technical axis), under the Giftdean neoperspectivist paradigm (epistemological axis), and hypothetical-deductive reasoning (logical axis). The results indicate that the production of solid evidence and consistent legal argumentation are essential to refute erroneous medical reports, while an accurate understanding of the characteristics of giftedness is essential to avoid them. The main findings highlight the importance of awareness and adequate training of mental health and legal professionals, as well as the implementation of individualized approaches to diagnosis, prognosis, and treatment.

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