Abstract
In the judicial sphere, expert evidence is one of the most indispensable forms of evidence, as it enables judges and parties to clarify disputed issues involving specialized knowledge that lies beyond the judge’s ordinary experience and common understanding. In medical disputes, the proper production and handling of medical expert evidence become imperative due to the subtle distinction between medical malpractice and an unfavorable outcome, which carry different legal consequences. This article aims to identify how the improper use—and improper production—of medical expert evidence can influence judicial proceedings, from both legal and medical perspectives. The study analyzes decisions issued by the Second Instance of the São Paulo State Court of Justice in civil cases.