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Bio-Medicolegal Sciences and Personal Injury/Damage Ascertainment in the Post-Genomic Era
Pages 3-15
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.
Bio-Medicolegal Sciences and Personal Injury/Damage Ascertainment in the Post-Genomic Era
Pages 3-15
The Holistic and Systematic Approach in Legal Medicine
Pages 17-35
Causal Value and Causal Link
Pages 37-51
Compensation for Personal Injury in a Comparative Perspective: The Need to Bridge Legal and Medicolegal Knowledge
Pages 53-68
Methods of Ascertainment of Personal Damage in Portugal
Pages 71-79
Methods of Ascertainment of Personal Damage in Spain
Pages 81-100
Methods of Ascertainment of Personal Damage in France
Pages 101-109
Methods of Ascertainment of Personal Damage in Italy
Pages 111-131
Methods of Ascertainment of Personal Damage in Belgium
Pages 133-156
Methods of Ascertainment of Personal Damage in the Netherlands
Pages 157-164
Methods of Ascertainment of Personal Damage in the United Kingdom
Pages 165-193
Methods of Ascertainment of Personal Damage in Germany
Pages 195-208
Methods of Ascertainment of Personal Damage in Hungary
Pages 209-236
Methods of Ascertainment of Personal Damage in Lithuania
Pages 237-258
Methods of Ascertainment of Personal Damage in Estonia
Pages 259-268
Methods of Ascertainment of Personal Damage in the USA
Pages 271-301
Methods of Ascertainment of Dental Damage in Argentina
Pages 303-318
Methods of Ascertainment of Personal Damage in Egypt
Pages 321-334
Methods of Ascertainment of Personal Damage in Nigeria
Pages 335-345
Methods of Ascertainment of Personal Damage in Turkey
Pages 349-367
Methods of Ascertainment of Personal Damage in the Kingdom of Saudi Arabia
Pages 369-390
Methods of Ascertainment of Personal Damage in India
Pages 391-412
Methods of Ascertainment of Personal Damage in China
Pages 413-429
Methods of Ascertainment of Personal Damage in Japan
Pages 431-466
Methods of Ascertainment of Personal Damage in Australia
Pages 467-504
International Overview on Dental Damage Compensation
Pages 507-521
International Comparative Epicrisis on the Ascertainment and Evaluation of Personal Injury and Damage
Pages 523-533
Physical and Biomechanical Methods of Ascertainment
Pages 537-545
Detection of Malingering in Personal Injury and Damage Ascertainment
Pages 547-558
A Novel Methodology for the Objective Ascertainment of Psychic and Existential Damage
Pages 559-582
International Guidelines on the Methods of Ascertainment of Personal Injury and Damage Under Civil-Tort Law
Pages 583-602
International Guidelines on the Methods of Ascertainment of Whiplash-Associated Disorders
Pages 603-619
Requirements and Final Recommendations
Pages 623-630
Historical Iconography on Personal Injury and Damage from the “Vincenzo Pinali” Antique Medical Library
Pages 633-681
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