Personal Injury Assessment

Magalhães, Teresa; Vieira, Duarte Nuno

doi:10.1002/9781118570654.ch67

Cited by 5 publications

(21 citation statements)

References 8 publications

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“…These rules are set out in Civil Law and followed by both public and private services. They include the following [ 6 , 7 ]: A three-dimensional (3D) methodology for a comprehensive description of any permanent damage [ 8 , 9 ]. This method offers a systematic and validated solution to describe and analyse, in an eco-systemic way, the consequences of a specific trauma on physical and psychological integrity and health.…”

Section: Introductionmentioning

confidence: 99%

“…It considers three personal levels: (a) the body level assesses biological outcomes that may include morphological, anatomical, histological, physiological and even genetic particularities; (b) capacities (or functions ) assess physical and mental capacities (current or potential), taking into account the age and sex, irrespective of the life setting; (c) life situations (or participation and activities ) assess the confrontation (concrete or potential) between those affected and the reality of their physical, familial, social, cultural, educational and professional environment. The damage parameters ( Table 1 ), which consider temporary and permanent outcomes, including economic and noneconomic aspects, assessed using the Portuguese rules [ 6 , 7 , 9 ]. Table 1.

…”

Section: Introductionmentioning

confidence: 99%

“…The damage parameters ( Table 1 ), which consider temporary and permanent outcomes, including economic and noneconomic aspects, assessed using the Portuguese rules [ 6 , 7 , 9 ].…”

Section: Introductionmentioning

confidence: 99%

“…This was a retrospective study using a convenience sample based on medico-legal reports of PIA cases. The reports’ inclusion criteria were as follows: (a) final medico-legal report about victims of RTAs (we did not consider the victim’s age and sex, the accident type, severity of injuries, or type of insurance responsibility—with or without fault—at this stage), showing that the causality nexus between the trauma and damage was established; (b) performed at a healthcare unit of a Portuguese insurance company because this includes the majority of these reports; (c) occurring between 2018 and 2019; and (d) performed by the same physician, to assure data reliability and considerable experience of the Portuguese official rules, and the use of the 3D methodology for describing permanent outcomes [ 6 , 7 , 9 ] and the different levels and types of damage, for quantifying outcomes ( Table 1 ) [ 6 , 7 ]. This gave a total of 667 cases, and three age groups were considered: (a) children (<18 years) ( n = 56; 8%); (b) working-age adults (18–64 years) ( n = 431; 65%); and (c) older people (>64 years) ( n = 180; 27%).…”

Section: Introductionmentioning

confidence: 99%

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Trauma Outcomes in Nonfatal Road Traffic Accidents: A Portuguese Medico-Legal Approach

Cunha-Diniz

Taveira-Gomes

Teixeira³

et al. 2022

Forensic Sciences Research

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The objective of this study was to compare the outcomes of nonfatal road traffic accidents by the victims’ age group and sex. We used the Portuguese medico-legal rules for personal injury assessment, in the scope of the Civil Law in that country, which includes a three-dimensional methodology. This was a retrospective study including 667 victims of road traffic accidents aged 3–94 years old. Their final medico-legal reports all used the Portuguese methodology for personal injury assessment. Outcomes were analysed by the victims’ age group (children, working-age adults, and older people) and sex. Road traffic accidents were generally serious (ISS mean 9.5), with higher severity in children and older people. The most frequent body sequelae were musculoskeletal (64.8%), which were associated with functional and situational outcomes. Temporary damage resulted in an average length of impairment of daily life of 199.6 days, 171.7 days to return to work, and an average degree of quantum doloris (noneconomic damage related to physical and psychological harm) of 3.7/7. The average permanent damage was 7.3/100 points for Permanent Functional Deficit, 0.43/3 for Permanent Professional Repercussion, 2/7 for Permanent Aesthetic Damage, 3.9/7 for Permanent Repercussion on Sexual Activity and 3.2/7 for Permanent Repercussion on Sport and Leisure Activities. Overall, 19% of people became permanently dependent (10.6% needed third-party assistance). The medico-legal methodology used, considering victims’ real-life situation, allows a comprehensive assessment. There were several significant differences among the three age groups but none between sexes. These differences and the impact of the more severe cases justify further detailed medico-legal studies in these specific situations on children, older people, and severely injured victims. Key points: This was a retrospective study of accident mechanisms and injury outcomes in Portugal, and considered the outcomes in the victims’ real-life situation. Lesions from road traffic accidents were generally serious, with higher severity among children and older people. The most frequent sequels were musculoskeletal, and associated with functional and situational outcomes. Both temporary and permanent outcomes had repercussions for the victims. There were significant differences between children, working-age adults and older people, but none between sexes.

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Section: Introductionmentioning

confidence: 99%

…”

Section: Introductionmentioning

confidence: 99%

“…The damage parameters ( Table 1 ), which consider temporary and permanent outcomes, including economic and noneconomic aspects, assessed using the Portuguese rules [ 6 , 7 , 9 ].…”

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

Trauma Outcomes in Nonfatal Road Traffic Accidents: A Portuguese Medico-Legal Approach

Cunha-Diniz

Taveira-Gomes

Teixeira³

et al. 2022

Forensic Sciences Research

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“…We used as case selection criteria: (a) victims of MVA (car crash); (b) adults (≥18 years); (c) submitting to a medico-legal assessment by one of the three medical experts who participate in this study, to ensure their experience in injury assessment (avoiding malingering cases) and data reliability; (d) diagnosed with WAD (Pastakia and Kumar, 2011;Represas et al, 2020); (e) established causality nexus between the MVA and injury consolidation, according to forensic standards (Magalhães and Vieira, 2014); (f) without another kind of acute cervical injury or chronic disease (namely degenerative pathology), or other medical condition, to avoid response distortion of the applied tools; and (h) submitting to a psychological assessment, always by the same forensic psychologist, to ensure data reliability. A total of 249 subjects were chosen for the study.…”

Section: Study Design and Participantsmentioning

confidence: 99%

Whiplash-Associated Disorders. Biopsychosocial Profiles of Pain Perception in Forensic Cases of Victims of Motor Vehicle Accidents

et al. 2021

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In order to make a complete diagnosis of all the factors influencing whiplash associated disorders (WAD), the evidence suggests that the condition evaluation should follow an integrated biopsychosocial model. This perspective would offer a fuller view of it, recognizing the interplay between the medical, biomechanical, social, and psychological factors. Despite the progress made in the subject, evidence of which psychosocial factors influence the experience of pain in litigant WAD patients is limited. A cross-sectional design and a cluster analysis was used to study the experience of pain and the psychosocial factors included therein in 249 patients with WAD assessed after suffering a motor vehicle accident. Three clusters were obtained: C1, with low scores of pain and a slight-moderate alteration of the Health-Related Quality of Life (HRQoL); C2, with medium scores of pain, alteration of HRQoL and a perception of moderate disability; and C3, with medium-high scores of pain, alteration of the HQoL, perception of moderate disability, presence of anxious-depressive symptomatology, poorer comprehension of the condition suffered, and the belief that it will extend over a long period of time. The results show a heterogeneous experience of pain in WAD, compatible with the biopsychosocial model of disease and the multidimensional approach to pain. The role of the psychologist in the evaluation of the condition could be useful to obtain a complete view of the condition, thus ensuring that the treatment is adapted to the needs of the patient.

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Children’s outcomes in road traffic accidents: challenges for personal injury assessment

Cunha-Diniz,

Taveira-Gomes,

Teixeira

et al. 2023

Forensic Sciences Research

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Children represent a specific group of road traffic accident (RTA) victims. Performing a personal injury assessment (PIA) for a child presents a significant challenge, especially when assessing permanent disabilities and needs. However, medico-legal recommendations for PIA in such cases are lacking. The main objective of this study was to analyse the differences between children and a young- and middle-aged adult population of RTA victims to contribute to the development of relevant guidelines. Secondary objectives were to identify and characterise specifics of children’s posttraumatic damages regarding: (a) temporary and permanent outcomes; and (b) medico-legal damage parameters in the Portuguese context. We performed a retrospective study of RTA victims by comparing two groups (n = 114 each) matched for acute injury severity (SD = 0.01): G1 (children) and G2 (young- and middle-aged adults). Logistic regression was used to estimate the odds ratios. G1 presented a greater chance of evolving without or with less severe body, functional and situational outcomes (three-dimensional assessment methodology) and with lower permanent functional disability values than G2. Our findings suggest that childhood trauma generally has a better prognosis than trauma in young and middle-aged adults. This study generated evidence on the subject and highlighted the most significant difficulties encountered by medico-legal experts when performing PIA for children.

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Personal Injury Assessment

Cited by 5 publications

References 8 publications

Trauma Outcomes in Nonfatal Road Traffic Accidents: A Portuguese Medico-Legal Approach

Trauma Outcomes in Nonfatal Road Traffic Accidents: A Portuguese Medico-Legal Approach

Whiplash-Associated Disorders. Biopsychosocial Profiles of Pain Perception in Forensic Cases of Victims of Motor Vehicle Accidents

Children’s outcomes in road traffic accidents: challenges for personal injury assessment

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