Difficulty of the evaluation of the caregiver in legal redress: A medical and legal case report

被引:0
|
作者
Fiechter-Boulvard, Frederique [1 ]
Giordano, Audrey [2 ]
Salle, Jean-Yves [3 ]
Scolan, Virginie [1 ,2 ]
机构
[1] Univ Pierre Mendes France, Fac Droit, BP 47, F-38040 Grenoble 9, France
[2] CHU Grenoble, Clin Med Legale Clin, F-38043 Grenoble 09, France
[3] CHU Limoges, Clin Med Phys & Readaptat, F-87042 Limoges, France
来源
MEDECINE & DROIT | 2014年 / 128期
关键词
Caregiver; Legal redress; Disability;
D O I
10.1016/j.meddro.2014.06.003
中图分类号
DF [法律]; D9 [法律]; R [医药、卫生];
学科分类号
0301 ; 10 ;
摘要
Regarding compensation for physical injury, complete repair is one of the general principles. The post of damage helps to respect this dogma and as such seems essential in the legal request. Its determination by the judge rests essentially on an act, the medical expert assessment. As such, its evaluation can seem limited to this single area of medical competence. Nevertheless, because of its characteristics and of its complex legal definition, this post of damage is close to the vast notion of disability and addresses multiple situations exceeding the single competence of the medical expert. Through a clinical and legal case, we show the difficulties of the evaluation of this post of damage, its stakes and possible solutions. (C) 2014 Published by Elsevier Masson SAS.
引用
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页码:124 / 128
页数:5
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