{"title":"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。","authors":"Isabelle Lutte, Marguerite Schneider, Amandine Kapita, Anouk Gille, Pascal Staquet, Claude Tomberg","doi":"10.1186/s13690-024-01471-6","DOIUrl":null,"url":null,"abstract":"<p><strong>Background: </strong>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.</p><p><strong>Methods: </strong>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.</p><p><strong>Results: </strong>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.</p><p><strong>Conclusions: </strong>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.</p>","PeriodicalId":48578,"journal":{"name":"Archives of Public Health","volume":"82 1","pages":"248"},"PeriodicalIF":3.2000,"publicationDate":"2024-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11686965/pdf/","citationCount":"0","resultStr":"{\"title\":\"Impact of the biopsychosocial model of disability on the medicolegal assessment of personal injury.\",\"authors\":\"Isabelle Lutte, Marguerite Schneider, Amandine Kapita, Anouk Gille, Pascal Staquet, Claude Tomberg\",\"doi\":\"10.1186/s13690-024-01471-6\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><strong>Background: </strong>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.</p><p><strong>Methods: </strong>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.</p><p><strong>Results: </strong>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.</p><p><strong>Conclusions: </strong>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.</p>\",\"PeriodicalId\":48578,\"journal\":{\"name\":\"Archives of Public Health\",\"volume\":\"82 1\",\"pages\":\"248\"},\"PeriodicalIF\":3.2000,\"publicationDate\":\"2024-12-31\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11686965/pdf/\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Archives of Public Health\",\"FirstCategoryId\":\"3\",\"ListUrlMain\":\"https://doi.org/10.1186/s13690-024-01471-6\",\"RegionNum\":3,\"RegionCategory\":\"医学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"PUBLIC, ENVIRONMENTAL & OCCUPATIONAL HEALTH\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Archives of Public Health","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.1186/s13690-024-01471-6","RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"PUBLIC, ENVIRONMENTAL & OCCUPATIONAL HEALTH","Score":null,"Total":0}
Impact of the biopsychosocial model of disability on the medicolegal assessment of personal injury.
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.
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.
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