Abstract
Objective: Collaborate to amplify the understanding of reality in search of legal security in the practice of medicine. Method: A descriptive cross-sectional qualitative study, based on the retrospective evaluation of Appellate Appeals Judgments, through a study of the available jurisprudence of the Court of Justice of the State of Rondônia (TJRO) in the period from 01/01/2015 to 04/31/2018. Results: Fifty-eight judged were analyzed, having as main specialty in descending order the Obstetrics, Gynecology and General Surgery. The main petendi cause was Neglect (58.6%). He found that in the cases in which they had Medical Expertise 68% were judged Overdue and in those who did not have 51.1% were coming. Conclusion: After analyzing several factors that occur concurrently with the genesis of medical error, especially the doctor-patient relationship, the poor working conditions, the scrapping of health in Brazil, the poor quality of medical education, among others to the vulnerability of legal knowledge, as a way of achieving mechanisms that allow them to delineate strategies that minimize the potential risks of unfavorable legal phenomena in the exercise of medical activity. Lastly, as regards the means of proof, it is established that medical expertise is of extreme and indispensable importance for the ample defense of the physician.