Importance of lesion stability in assessment of personal injury damages

Abstract

The clinical and functional assessment of the sequels of traumatic injury has important implications at various judicial levels. It has become increasingly important to examine the adequacy and integrity of the medical concepts associated with the assessment of damage due to the rise in the prevalence of conditions associated with body injuries, physical limitations and the concomitant social, physical and economic costs. A descriptive review was made, with the general objective to identify the relevance of lesion stability for this assessment. It was found that, from a forensic point of view, this concept involves two other important concepts: the sequels (which represent the permanent disability) and the temporary disability, where an active medical treatment concurs with a curative intent until it reaches full stabilization of the residual disease. Lesion stability is based on objective forensic criteria: real healing and ad integrum of the injury, finalization of the active-curative treatment, stabilization of the process of acute development, date of return to work or everyday activities, or the inability to do so, and standard healing time of the condition. However, its application is not always easy as there are different points of view and interests that will challenge the medical report. Hence medical experts must adequately support their assessment, should not base their opinion on isolated criteria, and must use a precise, complete and updated methodology that leads to objective conclusions.