[Disturbance of the health--an attempt at interpreting the term. Part II--problems in medico-legal opinionating].
Interpretative problems are caused by the semantic definition of the term "disturbance of the health" and its usage in the law system context. Judicial decisions show that this term is employed to denote a functional, as well as mental detriment to the health that exceeds the individual's adaptative abilities. A review of medico-legal literature demonstrates various interpretations of the term, starting from general systemic disturbances to definitions allowing for objectivization of the injured person's complaints. The deliberations constitute an attempt at quantification of "disturbance of the health" and defining the upper and lower limits of the medium and slight detriment to the health. The results of the analysis allow for adopting a definition that permits to judge objectively the injured person's complaints and to determine the limits of the compensatory ability of his body.
Jurek
Tomasz
T
Akademii Medycznej we Wrocławiu. tjurek@forensic.am.wroc.pl
Swiatek
Barbara
B
D004185:Disability Evaluation; D004608:Eligibility Determination / Q000331:legislation & jurisprudence*; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005554:Forensic Medicine / Q000331:legislation & jurisprudence; D006304:Health Status; D006801:Humans; D009784:Occupational Diseases / Q000175:diagnosis*; D016272:Occupational Health / Q000331:legislation & jurisprudence*; D010561:Personnel Staffing and Scheduling / Q000331:legislation & jurisprudence; D011044:Poland; D017751:Safety Management / Q000331:legislation & jurisprudence; D009626:Terminology as Topic; D014947:Wounds and Injuries / Q000175:diagnosis