Fabio Buzzi, Livia Maria Paliero

The evidence of biological damage

  • Abstract

Informations and abstract

Keywords: Biological Damage; Expert Witness; Evaluation of the Proof of the Biological Damage.

This work deals with the medico-legal evidence of biological damage and its connection with theoretical-juridical and practical-expert problems. This subject overcomes interdisciplinary considerations, which include civil law, civil procedure law and ultimately medico-legal science. This research starts from the origin of the biological damage, as a separate non-pecuniary loss category, and shortly focuses on the new non-pecuniary loss category: the existential damage. This subject creates remarkable interpretative and practical doubts, both in the juridical science and in the medico-legal science. At a later stage the work examines some purely procedural problems, focusing on the medico-legal advice as a scientific evidence. In conclusion, the research talks about the subjectivity/objectivity connection in the evaluation of the biological damage, both by the judge and the forensic scientist as an expert witness.

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