Santo Davide Ferrara Knihy

This volume provides an international overview of personal injury compensation across 15 countries, focusing on methods for assessing injuries and related damages. It clarifies the logical and methodological steps necessary for a thorough evaluation of traumatic events and the resulting personal damages, both pecuniary and non-pecuniary. Personal injury refers to harm to the body, mind, or emotions sustained by the plaintiff under tort and civil law. While numerous comparative studies have aimed to harmonize private law regarding personal injury claims, significant differences remain in definitions and compensation across various national legal systems. A medical or medico-legal assessment is crucial for establishing evidence related to the injury, including its cause, the injured party's pre-existing health status, and the health consequences, such as temporary or permanent impairment. To achieve international harmonization in personal injury compensation, it is essential to define quality requirements for the medico-legal ascertainment methodology, ensuring objectivity, rigor, and reproducibility in data collection. Currently, there are no supra-national medico-legal guidelines addressing the methodology for assessing personal injury and damages in tort and civil law.

Medical responsibility lawsuits are now a common aspect of every physician's practice, leading to an increase in defensive medicine, where unnecessary tests are ordered and complex cases are avoided. The practice of medicine has become more complicated due to factors like new technologies, diminished physician autonomy, and economic pressures. Malpractice remains a significant issue affecting both physicians and the healthcare system. In the latter half of the 20th century, public attitudes toward the medical profession shifted dramatically, fueled by awareness of medical advancements and media coverage of health issues. This has led to heightened expectations for perfect outcomes and the latest techniques. The surge in technology and specialization has turned each malpractice claim into a complex scientific challenge, requiring thorough analysis and judgment of clinical cases. Legal medicine's role in this context has become increasingly complex, often resulting in misinterpretations and rushed scientific conclusions, with a lack of global guidelines for evaluation methodology. This volume aims to clarify the necessary steps for a detailed analysis of medical actions and their consequences, assessing whether errors or breaches of conduct by healthcare personnel occurred, and identifying the causal links to any alleged misconduct.