Veštačenje umanjenja opšte životne aktivnosti

Abstract

Providing expert opinion on non-material damage is a delicate task due to the great diversities in the way the health may be damaged and due to the long lasting consequences of injuries and illnesses and their influence on people's daily routines, for the assessment of both subjective manifestation of pain, fear, diminution of life's dynamics and damage caused to people's appearance and for the assessment of suffer felt by persons due to the change of their appearance. Different kind of difficulties in giving expert opinion on reduction of viability are in practice generally caused by the lack of knowledge and recognition of basic principles in organizing and managing expert opinion, both by the civil court and by the experts-physicians. They are also caused by the practical problems related to this kind of expert work. As far as the recognition of principles related to providing expert opinion on this type of non-material damage, civil court will try to clearly define the task of the medical expert. During the whole procedure the expert-physician will respect general principles which include appropriate and generally accepted methodology of drafting a finding based on which the expert will impartially, to his best knowledge and experience, issue an opinion. Expert opinion on reduction of damaged person's viability shall include assessment of all the limitations of activities he had or would most probably have in the future. Reduction of viability exists when there is inability or reduced ability of body's functioning or functioning of its part so that the damaged person is not able, or is able but only by putting more effort, to conduct basic activities and functions in life. Method of providing expert opinion that is described here is a synthesis of experience of some authors with the experience acquired during many years of practice in providing expert opinion on remaining viability - in the procedure that results in constant modification and adjustment of the method. Method includes also an attempt to numerically asses certain activities that are included and that are assessed in the expert opinion on remaining viability.