法医临床学“三期”鉴定中的若干问题思考

在人身损害赔偿案件中,法医学鉴定人经常需要对损伤后的"三期"即休息(误工)、护理、营养时限进行法医学鉴定。目前虽有一些相关标准可供参照,但在实际工作中并不能一概而论。现从当前人身损害赔偿的相关法律法规角度对"三期"的认定范围进行讨论,并结合鉴定实践,对"三期"鉴定时应考虑的因素及鉴定原则(个体化、循证化原则)进行了总结分析,对涉及伤病关系及医疗纠纷的"三期"鉴定进行了讨论,以求对鉴定实践有所裨益。     

Fictitious ambush following an attempted "extended" suicide

An unusual case of a 31-year-old-woman who was found near a forest road with self-inflicted injuries and burns is reported. The woman claimed to have been attacked by a man with a knife who then tried to burn her in her car. While she managed to escape, her cat died in the car. The examination of the wounds showed multiple superficial cuts in body regions easily accessible to her own hand. Gas chromatography of skin samples from the cat proved that it had been in in contact with a fire accelerant. On the basis of the examination findings, differential diagnostic aspects with regard to the motivation of the woman for simulating an offence are discussed. In all probability, the woman intended to commit suicide together with the cat through self-immolation, but did not complete the plan.     

Symmetrical "mirror-image" injuries and the "chessboard" pattern: useful markers of self-mutilation

The evaluation of injuries due to self-mutilation may be complicated by atypical lesions and fabricated histories of the causative events. Four cases are described where one of the most striking findings was the presence of "mirror-image" injuries and/or a "chessboard" pattern of intersecting parallel lines from self-inflicted incised wounds. Case 1: A 32-year-old man was dead in his burnt-out car, with symmetrical, "mirror-image", circular burns from the car cigarette lighter over his forehead, cheeks, ears, upper and lower arms, the dorsal and palmar aspects of the hands, the anterior chest wall including the nipples, the anterior abdomen, thighs, lower legs, and the back of his neck. The deceased had a history of psychotic depression and had died of burns and inhalation of products of combustion. Case 2: A 19-year-old woman who fabricated a history of assault demonstrated multiple, superficial, "mirror-image" injuries of her thighs and forearms. Case 3: A 32-year-old man who exsanguinated from cut wrists showed multiple, superficial, and "mirror-image" incised wounds of the wrists, with a "chessboard" pattern. Case 4: A 26-year-old man died after jumping from a building. He had multiple superficial, "mirror-image" incised wounds of his anterior chest and thighs, with a typical "chessboard" pattern. Given the difficulties that sometimes arise in determining whether injuries have been self-inflicted or not, the finding of symmetrical "mirror-image" injuries, and/or a "chessboard" pattern formed by 2 groups of regular, parallel, superficial incised wounds running at right angles to each other provides compelling evidence of self-mutilation, unless a plausible alternative explanation is available.     

Motorcyclists’ fatalities in multiple crashes: Who is responsible for death? (three cases)

In Italy in 2007, 26% of two-wheeled motor vehicle injury/fatalities concerned motorcyclists. However, it is rare (4%) that a motorcycle (MC) crashes with two other road users and even more exceptional is a crash between a MC and three other vehicles. In general, in MC–vehicle crashes, the vehicle driver is at fault in more than 50% of the cases and the motorcyclist in 37%. The study concerns three MC lethal road accidents in which the culpability of the motorcyclist's death was questioned by the prosecutor because it was supposed that one or more vehicles ran over the motorcyclist after a fall. The crucial question in these three cases was if it was possible to assign injuries to a specific crash-aetiology and to assign/exclude the responsibility of motorcyclist's death to a defined subject (motorcyclist himself and/or car drivers) after a crash-dynamics study made by an engineer consultant or by the police authority. Case (1) A 56-year-old motorcyclist on a highway had a front–rear end collision with a car that suddenly stopped; he was therefore projected against a concrete traffic island, thrown on the soil and run over by another car. Case (2) A 29-year-old motorcyclist on the East ring road fell on the soil, perhaps by a supposed front–rear end contact with a car and was run over by two cars in rapid succession. Case (3) A 34-year-old motorcyclist on the North ring road fell suddenly on the soil for unknown reasons; during first aid, the medical team around him was run over by the ambulance which pushed after a rear-end collision with a car. A stepwise analysis of the indicated crash dynamics and an evaluation of all the injuries revealed at autopsy, the study proposed, when possible, injury aetiology for each case and the related responsibility assignments and exclusions.     

Murder and robbery by vehicular impact: true vehicular homicide

True vehicular homicides are defined as those occurrences in which a motor vehicle is intentionally used as a weapon in taking of a life. A case is presented in which the deceased was traveling in the front passenger seat of a motor car that was deliberately rammed by a heavy jeep that came in the opposite direction, resulting in a serious frontal collision. Immediately after the impact, while the occupants of the car were lying in a dazed condition, the two persons riding in the jeep escaped with a bag containing money that was in the car, leaving the jeep behind. The impact mainly involved the driver's sides of both vehicles. The driver of the car sustained serious injuries but was found to be alive, whereas the front-seat passenger, who did not show any serious external injuries, was found to be in a collapsed state and was pronounced dead on admission to the hospital within 30 minutes of the accident. The autopsy revealed that death was caused by closed hemopericardium from a ruptured right atrium. The evaluation of the external and internal injuries confirmed that the fatal injury and a few serious internal injuries were caused by the seat belt (tertiary-impact injuries). The ruptured right atrium was attributed to blunt abdominal trauma by impacting against the lap belt. The case was a true vehicular homicide in which a motor vehicle had been used as a weapon to kill a person. Various aspects pertaining to road accidents, the safety of the occupants, and the advantage and disadvantage of the safety devices are discussed.     

Differential diagnosis of accident and resuscitation traumas

The purpose of this paper is to define the criteria for the differential diagnosis of trauma following resuscitation and road accidents. To this end, 311 cases of thoracic and epigastric trauma were selected from the 2893 medico-legal autopsies carried out between 1979 and 1982 at the Institute of Forensic Medicine of the University of Heidelberg. Cardiopulmonary resuscitation had to be considered as the cause of trauma in 140 of these, but 45 of this group were excluded from further evaluation as they had been the victims of blunt trauma and no clear-cut distinction was possible between trauma resulting from an accident and trauma resulting from resuscitation. Thus, we were left with 95 cases of internal injury that presented as emergencies and in whom death followed resuscitation, as a group for comparison with 171 road accident victims who had not received cardiopulmonary resuscitation. Rib fractures, predominantly on the left side, were established in half the cases resuscitated, sternal fractures also being found in one-third of these victims. Bleeding at various sites, including hemato-thorax, was rare, with an incidence of 15%, thus making it highly unlikely that serious traumas caused by resuscitation were a major factor in the cause of death. This paper encompasses an extensive discussion on serious injuries, such as aortic and gastric ruptures, in this connection.     

A "skin-skull-brain model" for the biomechanical reconstruction of blunt forces to the human head

In order to create and study blunt force wound morphology, a "skin-skull-brain model" had to be designed which would make the laboratory reproduction of a blunt force injury to the head possible. During the evaluation of the "skin-skull-brain model", it was possible to show that injuries inflicted to this model are fully comparable to the morphology of equivalent real blunt forces injuries to humans. Utilization of the "skin-skull-brain model" presents some significant advantages: the model is inexpensive, easy to construct, instantly available for use, and eliminates ethics conflicts. The main advantage of such a model is, in comparison with biological substances, the high reproducibility of experimentally inflicted traumas.     

Determining direction in cases of bodies run over by automobile wheels

Investigation of injuries sustained by 110 pedestrians during fatal traffic accident and observed in 8 biomannequins during experimental overrun by car wheels resulted in detection of morphological features indicating overrun direction and posture of a victim. It was stated that in case of multiple trauma the areas of wheel rolling and primary force application in collision with a car are located at opposite sides.     

"Homicide by heart attack" revisited

The sudden death of a person caused by an arrhythmia that is induced by physical and/or emotional stress provoked by the criminal activity of another person is sometimes referred to as "homicide by heart attack." Published criteria for such an event relate to situations where no physical contact occurs between the perpetrator and the victim. Situations involving physical contact, but with absence of lethal injuries, are frequently treated is a similar fashion by forensic pathologists. Herein, we propose a set of modified criteria, which include cases where physical contact has occurred. Five examples of so-called "homicide by heart attack" are presented, including a 40-year-old man who was struck in the head with a wooden statue, a 74-year-old man who was punched in the jaw by a robber, a 66-year-old woman who was started awake by a home-intruder, a 67-year-old woman who struggled with a would-be purse-snatcher in a parking lot, and a 52-year-old man who was in a physical altercation with a younger man. In each instance, autopsy revealed the presence of severe, underlying heart disease, as well as absence of lethal injuries. In each case, investigative information was such that the emotional and/or physical stress associated with the criminal activity of another individual was deemed contributory to the death. The presumed mechanism of death in each case was a cardiac dysrhythmia related to underlying heart disease, but initiated by the emotional and/or physical stress.     

The "skin-skull-brain model": a new instrument for the study of gunshot effects

In order to create and study wound morphology, a "skin-skull-brain model" had to be designed which would make the laboratory reproduction of a real ballistic injury possible.To simulate the human skin, an artificial skin (a silicon cap) is used. This silicon scalp contains synthetic fibers (artificial leather) to simulate the collagen and fat of the scalp. The artificial skull is a layered polyurethane sphere (19 cm o.d.; and 5, 6, or 7 mm thick) constructed in a specially designed form with a Tabula externa, Tabula interna, and a porous Diploe sandwiched in between. The periostium of the artificial skull is made of latex. This elastic latex layer prevents the bone fragments from scattering after the model has been struck by gunfire. The brain itself is simulated with ordnance gelatin, 10% at 4 degrees C, a material well known in wound ballistics. Gunshots were fired at a distance of 10 m from the model.During the evaluation of the "skin-skull-brain model", it was possible to show that injuries inflicted to this model are fully comparable to the morphology of equivalent real gunshot injuries.Using the "skin-skull-brain model" has some significant advantages: the model is inexpensive, easy to construct, instantly available for use, and eliminates ethics conflicts. The main advantage of such a model is, in comparison with biological substances, the high reproducibility of inflicted traumas.     

Law, pregnancy and sport: what are the repercussions when a pregnant lady plays?

This article reflects on the issue of pregnancy and sport that was brought to the fore in Gardner v National Netball League (2001) 182 ALR 408; [2001] FMCA 50 and Gardner v All Australia Netball Association Ltd (2003) 174 FLR 452. It suggests that these cases did not provide a definitive discussion of the tortious liability implications that initially led Netball Australia to introduce a ban on pregnant players. In an attempt to fill some of these gaps, other case law that deals with liability of sporting organisations and prenatal injury is discussed. The article primarily focuses on whether the unborn child when born alive will have an action against her or his mother as a result of injury occasioned while the mother was playing sport when pregnant. This examination is undertaken in light of recent Australian tort reform as well as changes in policy direction. The article summarises the legal position of the parties involved in sport--sporting organisations, medical practitioners, other participants and the pregnant mother--and argues that, with reference to the guidelines and case law, in only a very small number of cases would liability be found against the sporting organisation or pregnant mother as a result of injuries incurred prenatally.     

Skull and Encephalic Injuries Caused by Beach Umbrellas: Case Reports and Review of Literature

This study reports two unusual cases of skull‐encephalic injuries in bathers that were caused by violent impacts with beach umbrellas. The first case concerned a 36‐year‐old man who, while lying on a sun bed, was struck on his left temple by a beach umbrella, which had been blown away by a gust of wind. The second case concerned a six‐year‐old child who was struck on the right temporal region while he was playing on the sand. Both subjects died. A review of the literature was carried out. Various skull and brain injuries caused by several objects were found, but no injuries caused by beach umbrellas were detected. There were only cases of injuries caused by normal umbrellas. These cases showed that several objects can be responsible for traumas causing skull and brain injuries, therefore forensic investigation must be supplemented by circumstantial data.     

Fatal Injury Caused by a Ram (Ovis Aries) Attack

Animal‐inflicted injuries to humans are a major public health problem around the world resulting in great morbidity, money loss, and mortality. They are related to wild and domestic animals alike. Animals can cause injuries by various mechanisms—biting, stinging, crushing, goring, stomping, butting, kicking, pecking, etc. We present a case of a ram's attack with fatal consequences. A 4‐year‐old, 120 kg jezersko‐sol?ava breed ram with prior history of aggressive behavior inflicted multiple injuries to his 83‐year‐old owner, who died in the hospital a few hours later due to severe blunt force injuries sustained in the attack. The autopsy revealed the cause of death to be multiple injuries of the thorax and the head. Sheep, even though they are not considered aggressive or large farm animals such as cattle and horses, can inflict serious injuries with devastating results.     

Forensic-medical diagnosis of heart damage from blunt trauma

A total of 277 forensic expert medical conclusions on cases with closed heart injury are analyzed. The morphology and mechanisms of formation of heart injuries in various traumas are discussed.     

Intraventricular hemorrhage originating from choroid plexus angioma in a road accident victim

A 76-year-old woman sustained severe multiple injuries when hit by a car. During the treatment a massive intraventricular hemorrhage was found by computer tomography. The postmortem examination revealed no craniocerebral injuries except for a small contused wound of the scalp. Microscopic examinations revealed a choroid plexus angioma in the lateral ventricle as the cause of the hemorrhage into cerebral ventricles.     

Anterior thoracic wall trauma in elderly homicide victims. The "CPR defense"

During the course of medicolegal postmortem examinations, forensic pathologists often encounter the sequelae of cardiopulmonary resuscitation (CPR) that was administered by medical and paramedical personnel. A wide variety of CPR-related injuries have been described since the institution nearly 30 years ago of this now common-place emergency technique. The forensic pathologist must be aware of both typical and unusual CPR-related trauma patterns in order to differentiate between injury produced during emergency therapy procedures and injury sustained through other mechanisms (for example, during an assault or an accident). This article describes two recent separate and unrelated incidents in which an elderly woman was murdered. In each instance, bony injuries of the anterior thoracic wall structures were identified during the autopsy. Defense attorneys in each case attempted to use these injuries as proof that their accused clients had performed external cardiac massage on their victims, thus indicating that the homicides had not been intentional, and that the perpetrators showed remorse. These cases are presented, with a discussion of the typical features of CPR-related thoracic wall trauma as compared with willfully inflicted injury.     

A cause célèbre: the so-called "ballpoint murder"

Transorbital intracranial injuries are uncommon but classic ophthalmologic traumas. This report describes a case of a woman who was found dead. Postmortem examination revealed a Bic ballpoint which had penetrated her head through her right eye. Detective forces believed a murder to be the most likely cause; however, medical expert consultants indicated that a tragic accident was more likely. The case and the results of crossbow test-firing on human cadavers are presented.     

道路交通事故二次损伤致死17例分析

目的探讨道路交通事故二次损伤致死的法医学鉴定思路和要点。方法收集17例道路交通事故二次损伤致死的案例,通过事故现场勘验和尸体检验收集交通事故发生的基本信息以及损伤分布、性质等资料。根据收集的信息,重建事故发生过程,明确死者的致伤过程,分析损伤的致伤方式和机制、损伤的严重程度,判断属生前伤抑或死后伤,明确死者的死亡原因。结果道路交通事故二次损伤致死案例存在损伤严重,多发伤与复合伤常见,生前伤、濒死伤与死后伤并存,致伤方式多样,致伤机制复杂,甚至多次损伤相互掩盖等特点。结论道路交通事故二次损伤致死的法医学鉴定需结合事故现场勘验、尸体检验等综合分析和判断。     

刍议伤残程度评定标准

伤残程度评定在法医鉴定中极为常见,很长时间以来,法医界除“医出多门”、各唱各的调、多重鉴定频出外,还在适应标准的不一致上让受检者无所适从。近两年,在法院系统有了除交通事故适用“道路标准”外,其余损伤均适用“工伤标准”的“要求”。本文就实施该“要求”两年来,在法医临床检案中所遇到的问题,对“工伤标准”及适用“工伤标准”谈了自己的看法,认为“工伤标准”本身还存在很多弊端:一是定残的基点过低;二是同一残级的不同部位伤残及本标准与其它标准同类伤残缺乏均衡比较;三是残级间缺乏连贯性,层次感不强。而让非工伤检案套用“工伤标准”定残、套用“道路标准”赔偿,给部门与部门间及当事者造成了不少麻烦。作者呼吁尽快出台全国通用《人体纠纷损伤致残程度鉴定标准》及配套赔偿办法,并提出了初浅的建议。