| Description |
1 online resource : illustrations |
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text file |
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PDF |
| Physical Medium |
polychrome |
| Bibliography |
Includes bibliographical references and index. |
| Contents |
Foreword; Preface; References; Contents; List of Contributors; Part I: Juridical and Methodological Overview; Chapter 1: Bio-Medicolegal Sciences and Personal Injury/Damage Ascertainment in the Post-Genomic Era; 1.1 Introduction; 1.2 ``Omics ́́Technologies; 1.3 Functional Brain Neuroimaging; 1.4 Optical Coherence Tomography and Frequency Domain Imaging; 1.5 Photoacoustic Tomography; 1.6 Conclusions; References; Chapter 2: The Holistic and Systematic Approach in Legal Medicine; Bibliography; Chapter 3: Causal Value and Causal Link; 3.1 Introduction; 3.2 Principles of Truth and Cause. |
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3.3 Juridical Construction, Evidence, and Medicine3.4 ``Conditio Sine Qua ́́and Scientific Laws; 3.5 From the Theory to the Practice of Specific Causality; References; Chapter 4: Compensation for Personal Injury in a Comparative Perspective: The Need to Bridge Legal and Medicolegal Knowledge; 4.1 An Introduction to Different Languages; 4.2 Contrasting Oppositions: The Example of Common Law Countries; 4.3 Awarding Methods: Convergencies and Divergencies in European Jurisdictions; 4.3.1 The English Way to Intangible Loss; 4.3.2 German Tables and Descriptions. |
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4.3.3 A Franco-Italian Approach to Scheduling4.3.4 The Italian Search for a Synthesis; 4.3.5 Judicial Scheduling: The European Way; 4.4 When Conclusions Impose Further Research; References; Part II: Medico-Legal Ascertainment of Personal Injury and Damage Under Civil-Tort Law: Continental Overview -- Europe; Chapter 5: Methods of Ascertainment of Personal Damage in Portugal; 5.1 Historical, Judicial, and Juridical Overview; 5.2 Description of Medicolegal Expertś Qualifications; 5.3 Ascertainment Methodology; 5.3.1 Collection of Circumstantial and Clinical Data; 5.3.2 Medical Case History. |
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5.3.3 Systematic Clinical and Medicolegal Visit5.3.4 Additional Investigations; 5.4 Evaluation Criteria; 5.4.1 Personal Injury Identification; 5.4.2 Temporary Impairment; 5.4.3 Permanent Impairment; 5.4.4 Causal Value/Link Between Event, Injury and Impairment; 5.4.5 Quantum for Temporary and Permanent Impairment (Disability Rate); 5.4.6 Other Pecuniary and Non-pecuniary Losses; Bibliography; Chapter 6: Methods of Ascertainment of Personal Damage in Spain; 6.1 Historical, Judicial, and Juridical Overview; 6.2 Identification and Description of Medicolegal Expertś Qualifications. |
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6.3 Ascertainment Methodology6.3.1 Collection of Circumstantial and Clinical Data; 6.3.2 Medical Case History; 6.3.3 Systematic Clinical and Medicolegal Visit; 6.3.4 Additional Investigations; 6.4 Evaluation Criteria; 6.4.1 Psychic and Somatic State Prior to the Event/Injury; 6.4.2 Detailed Reconstruction of the Event/Injury; 6.4.3 Personal Injury; 6.4.4 Temporary Impairment; 6.4.5 Permanent Impairment; 6.4.6 Causal Value/Link; 6.4.7 Personal Damage Quantification; 6.4.8 Non-Pecuniary Losses; 6.4.9 Pecuniary Losses; Bibliography. |
| Summary |
This volume serves to provide an international overview of personal injury compensation in different geographical areas (15 countries already included), with a special focus on the methods used to ascertain the injury and the related damages. It also goes on to clarify the logical and methodological steps required for a sequential, in-depth ascertainment of any traumatic event and the related personal damage, both pecuniary and non-pecuniary. Personal injury is a legal term for an injury to the body, mind or emotions suffered by the plaintiff under tort and/or civil law regulations. Damages related to the injury can be pecuniary or non-pecuniary in nature. Although several comparative studies and research projects on tort and civil law and personal injury claims aimed at developing new tools for promoting harmonization of private law have been performed at an international level, heterogeneity and divergences still exist in the definition and compensation of personal injury and damage across different national legislative systems. The starting point for any awarding procedure should be a medical, or rather a medico-legal, assessment to gain evidence on the trauma or event causing the injury, the mechanism of injury, the pre-existing health status of the injured party, and the health consequences of the injury (temporary and permanent impairment, work incapacity, etc.). In order to pursue the ultimate goal of an international harmonization of personal injury compensation, it is of upmost importance to define the quality requirements for the medico-legal ascertainment methodology, which are essential for guaranteeing the objectivity, rigor, and reproducibility of the data and the evidence collection procedure. Currently, there are no supra-national medico-legal guidelines dealing with the ascertainment methodology of personal injury and damage under tort and civil law. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Personal injuries.
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Personal injuries. |
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Medical jurisprudence.
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Medical jurisprudence. |
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Civil law.
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Civil law. |
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forensic medicine. |
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Forensic medicine. |
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Civil codes -- Civil law. |
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Forensic science. |
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LAW -- Personal Injury. |
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LAW -- Civil Law. |
| Added Author |
Ferrara, S. D. (Santo Davide), editor.
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Boscolo-Berto, Rafael, editor.
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Viel, Guido, editor.
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| Other Form: |
3319298100 |
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3319298127 |
| ISBN |
9783319298122 (electronic book) |
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3319298127 (electronic book) |
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9783319298108 |
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3319298100 |
| Standard No. |
10.1007/978-3-319-29812-2 |
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