Impact of the biopsychosocial model of disability on the medicolegal assessment of personal injury.

IF 3.2 3区医学 Q2 PUBLIC, ENVIRONMENTAL & OCCUPATIONAL HEALTH

Archives of Public Health Pub Date : 2024-12-31 DOI:10.1186/s13690-024-01471-6

Isabelle Lutte, Marguerite Schneider, Amandine Kapita, Anouk Gille, Pascal Staquet, Claude Tomberg

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Abstract

Background: The objective of this paper was to determine whether the medicolegal assessment of injured and disabled persons is based on the biopsychosocial model of disability proposed by the International Classification of Functioning, Disability, and Health.

Methods: We searched for the word disability and other keywords, occurring alone or in combination as well as the meaning given to the word "disability" in two Belgian legal databases (JURA and STRADALEX) for the period from 1960 to 2020.

Results: The use of the term disability has increased over time, more so from 2001 to 2010, in areas of public health law, labor relations, and personal injury law. Cross-referencing keywords revealed that incapacity (personal, domestic, or professional) reflecting the victim's disability from a legal perspective appears to be dominated by the impairment criterion.

Conclusions: Although the biopsychosocial model of disability appears to be widely accepted by courts, medical experts have made few changes to their methodology of assessing personal injuries. We identify four potential factors that could explain the status quo.

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残疾的生物心理社会模型对人身伤害的医学法律评估的影响。

背景：本文的目的是确定受伤和残疾人的医学法律评估是否基于国际功能，残疾和健康分类提出的残疾的生物心理社会模型。方法：在比利时的两个法律数据库（JURA和STRADALEX）中检索1960 - 2020年期间的单词disability和其他单独或组合出现的关键词以及单词“disability”的含义。结果：随着时间的推移，在公共卫生法、劳资关系和人身伤害法领域，残疾一词的使用有所增加，从2001年到2010年增加得更多。交叉引用关键词发现，从法律角度反映受害人残疾的无行为能力（个人、家庭或专业）似乎被损害标准所主导。结论：虽然残疾的生物心理社会模型似乎被法院广泛接受，但医学专家对他们评估人身伤害的方法几乎没有改变。我们确定了四个可以解释现状的潜在因素。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Archives of Public Health Medicine-Public Health, Environmental and Occupational Health

CiteScore

4.80

自引率

3.00%

发文量

244

审稿时长

16 weeks

期刊介绍： rchives of Public Health is a broad scope public health journal, dedicated to publishing all sound science in the field of public health. The journal aims to better the understanding of the health of populations. The journal contributes to public health knowledge, enhances the interaction between research, policy and practice and stimulates public health monitoring and indicator development. The journal considers submissions on health outcomes and their determinants, with clear statements about the public health and policy implications. Archives of Public Health welcomes methodological papers (e.g., on study design and bias), papers on health services research, health economics, community interventions, and epidemiological studies dealing with international comparisons, the determinants of inequality in health, and the environmental, behavioural, social, demographic and occupational correlates of health and diseases.