Past Issues
Forensic Psychiatric Evaluations for Civil Compensation
Chien-Tzu Wu, M.D.1,2, Shi-Kai Liu,M.D.1,3, Ming H. Hsieh, M.D.1, Chun-Lin Chen, M.D., M.A.1,3
Objective: The current study explored the
characteristics of civil compensation cases referred
for forensic evaluations, focusing on related
legal andmedical issues. Methods: Cases receiving
forensic evaluation for civil compensation at
the National Taiwan University Hospital from
1961 to 2005 were reviewed retrospectively. A
classification based on the nature and consequences
of the injuries with related assessment issues
was attempted and summaries of typical cases
were provided to illustrate distinct features of individual
categories. Results: Thirty out of a total
of 341 civil forensic cases were compensation
cases. Among them, brain injuries were the most
common type of injury (25). Three cases claimed
psychic injuries. The courts were most concerned
with the sequelae of the injuries, including the
prognosis, degree of decrements in occupational
capacity, and severity of disability. The courts inquired
about the causal relationship between the
accidents and clinical manifestations in only 9
cases. Conclusion: In psychiatric evaluation for
civil compensation, the causal relationship between
the accidents and the subject's mental status
should take into consideration the issue of liability,
the nature of the injury, and the impact of legal
processes. Psychic injury as the target of claim
posed substantial difficulties for the determination
of causation and level of disability. (Full text in
Chinese)
Key Word | forensic evaluation, civil compensation, compensation neurosis |
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