- 1o Technical assistants are trusted by the party and are not subject to impediment or suspicion.
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Experts X Technical Assistants
In claims involving the investigation of medical error in any of its modalities, the figures of the judicial expert and technical assistants invariably appear. The judicial expert has an assistential function and will be summoned by the Judge of Law who needs evidence of a technical nature, and the appointed professional will undertake an analysis impartial about the area of his specialty and about the facts brought in the lawsuit. The technical assistant, on the contrary, is a professional trusted by the parties and does not have a duty of impartiality towards the Court. It has, on the contrary, a function analogous to that of a lawyer, and its performance lends itself to the technical assistance of those who hired it, aiming at its interests. This is the rule enshrined in article 466 of the Code of Civil Procedure: Art. 466. The expert will scrupulously fulfill the task entrusted to him, regardless of the term of commitment.