Citation

Hrvoje L. Med. Sci. Law 2016; 57(1): 47-51.

Affiliation

Department of Occupational Medicine, Health Centre Rijeka, Medical School University Rijeka, Croatia.

Copyright

(Copyright © 2016, British Academy of Forensic Sciences, Publisher SAGE Publishing)

DOI

10.1177/0025802416686465

PMID

28043203

Abstract

By describing three different war casualty cases, this paper highlights the harshness of current legal regulations in Croatia, and the possible consequences of their strict implementation. In two of the three cases the second instance expert witness has ultimately found that, due to legal procedures being followed too strictly, the expert witness initially assessing the cases had exceeded the legal framework and actually assessed patients, that is, individuals claiming disability benefits, inadequately. However, in the third case the expert witnesses employed by the Disability Pension Insurance Institute were right in deciding that the claimant was not entitled to a higher category of disability. Assessment of ability to work thus continues to be a subject of disagreement between experts of various profiles in legal and medical circles. Similar assessment issues appear not to be uncommon in other countries also. Therefore, the time has perhaps come for the existing rules and regulations to be re-evaluated. In fact, this may apply not only to those countries that share the same values and interests, such as EU member states, but also further abroad, particularly within a wider context of international recognition of basic human rights.

Language: en