{"title":"道路事故中创伤后身体伤害的评估。法律和医学。法律标准","authors":"Stan C.A., Codescu C.","doi":"10.4323/rjlm.2022.252","DOIUrl":null,"url":null,"abstract":". Bodily injuries caused in road accidents can affect the life of the victims for a certain period of time or permanently. In relation to this damage, the legal doctrine includes the existence of bodily damage that reveals the impact of the traumatic event in the life of the victim, damage whose assessment involves an interdisciplinary approach. Aspects such as functional deficit (temporary or permanent), pain felt by the victim, aesthetic damage or sexual damage, which represent subcategories of bodily damage, must be evaluated scientifically with the support of legal medicine. In the practice of the courts, the evaluation of bodily harm is done in most cases according to the criteria of the criminal code regarding bodily harm and not according to the specific criteria of civil law that refer to the harm. This factual situation is possible due to the lack of a legal nomenclature that contains the classes of physical or mental injuries that are part of bodily injury, but also due to the absence of medico-legal scales specifically adapted for this area of justice. This paper highlights the particularities of bodily injury and the needs from both the legal and medico-legal areas for a correct assessment in order to establish a fair compensation for the victim of the road accident.","PeriodicalId":54450,"journal":{"name":"Romanian Journal of Legal Medicine","volume":null,"pages":null},"PeriodicalIF":0.4000,"publicationDate":"2022-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Assessment of Posttraumatic Bodily Injury in Road Accidents – Legal and Medico – Legal Criteria\",\"authors\":\"Stan C.A., Codescu C.\",\"doi\":\"10.4323/rjlm.2022.252\",\"DOIUrl\":null,\"url\":null,\"abstract\":\". Bodily injuries caused in road accidents can affect the life of the victims for a certain period of time or permanently. In relation to this damage, the legal doctrine includes the existence of bodily damage that reveals the impact of the traumatic event in the life of the victim, damage whose assessment involves an interdisciplinary approach. Aspects such as functional deficit (temporary or permanent), pain felt by the victim, aesthetic damage or sexual damage, which represent subcategories of bodily damage, must be evaluated scientifically with the support of legal medicine. In the practice of the courts, the evaluation of bodily harm is done in most cases according to the criteria of the criminal code regarding bodily harm and not according to the specific criteria of civil law that refer to the harm. This factual situation is possible due to the lack of a legal nomenclature that contains the classes of physical or mental injuries that are part of bodily injury, but also due to the absence of medico-legal scales specifically adapted for this area of justice. This paper highlights the particularities of bodily injury and the needs from both the legal and medico-legal areas for a correct assessment in order to establish a fair compensation for the victim of the road accident.\",\"PeriodicalId\":54450,\"journal\":{\"name\":\"Romanian Journal of Legal Medicine\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2022-12-10\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Romanian Journal of Legal Medicine\",\"FirstCategoryId\":\"3\",\"ListUrlMain\":\"https://doi.org/10.4323/rjlm.2022.252\",\"RegionNum\":4,\"RegionCategory\":\"医学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"Medicine\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Romanian Journal of Legal Medicine","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.4323/rjlm.2022.252","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Medicine","Score":null,"Total":0}
Assessment of Posttraumatic Bodily Injury in Road Accidents – Legal and Medico – Legal Criteria
. Bodily injuries caused in road accidents can affect the life of the victims for a certain period of time or permanently. In relation to this damage, the legal doctrine includes the existence of bodily damage that reveals the impact of the traumatic event in the life of the victim, damage whose assessment involves an interdisciplinary approach. Aspects such as functional deficit (temporary or permanent), pain felt by the victim, aesthetic damage or sexual damage, which represent subcategories of bodily damage, must be evaluated scientifically with the support of legal medicine. In the practice of the courts, the evaluation of bodily harm is done in most cases according to the criteria of the criminal code regarding bodily harm and not according to the specific criteria of civil law that refer to the harm. This factual situation is possible due to the lack of a legal nomenclature that contains the classes of physical or mental injuries that are part of bodily injury, but also due to the absence of medico-legal scales specifically adapted for this area of justice. This paper highlights the particularities of bodily injury and the needs from both the legal and medico-legal areas for a correct assessment in order to establish a fair compensation for the victim of the road accident.
期刊介绍:
The Romanian Journal of Legal Medicine, the official publication of the Romanian Legal Medicine Society, is devoted to the publication of the original investigations, observations, scholarly inquiries and reviews in the various branches of the forensic sciences.
These include forensic pathology and histochemistry, clinical forensic medicine, medical malpractice, traffic medicine, chemistry, biochemistry, thanatochemistry, clinical and forensic toxicology, alcohology, biology (including the identification of hairs and fibres), the physical sciences, firearms, and document examination, physical anthropology, serology, forensic genetics and paternity (with special emphasis on recent advances in DNA technology and PCR), forensic psychiatry and behavioral sciences, forensic odontology, law and ethics, history of forensic sciences. RJLM also includes similar submissions dealing with forensic-oriented aspects of the social science and the area where science and medicine interact with the law.