Expertise of reduced life activities in the lawsuit – challenges and dilemmas

Abstract

Expertise of reduced life activities (RLA) is the most complex expertise within the non-material damages. There are no precise criteria for applying the percentage in expertise of consequences of body injuries, as measures accepted by the court and medicine, resulting in number of disagreements and contrary medical opinions. Part of the difficulties in expertise of RLA occurs due to insufficient knowledge or disrespect of basic principles in the organization and expertise delivery, both by the civil court, as well as by the medical experts, but also because of the practical problems related to expertise.
It is necessary a complex view of the RLA problem, in terms of different medical specialties, by experts who have the greatest experience in this field.
Medical expertise, should always highlight the following important facts: causally- consequently link between advers event and injury, the impact of previous injuries and the special status of the injured person and the influence of the applied treatment, and then by an objective examination make an objective finding of the permanent consequences and thus objectified consequences translate to RLA, as a form of non-material damage.
Doctors experts should monitor technological progress in medicine, which requires new criteria in life activities assessment.