Impact of the biopsychosocial model of disability on the medicolegal assessment of personal injury

Abstract Background The objective of this paper was to determine whether the medicolegal assessment of injured and disabled persons is based on the biopsychosocial model of disability proposed by the International Classification of Functioning, Disability, and Health. Methods We searched for the wor...

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Main Authors: Isabelle Lutte, Marguerite Schneider, Amandine Kapita, Anouk Gille, Pascal Staquet, Claude Tomberg
Format: Article
Language:English
Published: BMC 2024-12-01
Series:Archives of Public Health
Subjects:
Online Access:https://doi.org/10.1186/s13690-024-01471-6
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author Isabelle Lutte
Marguerite Schneider
Amandine Kapita
Anouk Gille
Pascal Staquet
Claude Tomberg
author_facet Isabelle Lutte
Marguerite Schneider
Amandine Kapita
Anouk Gille
Pascal Staquet
Claude Tomberg
author_sort Isabelle Lutte
collection DOAJ
description Abstract Background The objective of this paper was to determine whether the medicolegal assessment of injured and disabled persons is based on the biopsychosocial model of disability proposed by the International Classification of Functioning, Disability, and Health. Methods We searched for the word disability and other keywords, occurring alone or in combination as well as the meaning given to the word "disability” in two Belgian legal databases (JURA and STRADALEX) for the period from 1960 to 2020. Results The use of the term disability has increased over time, more so from 2001 to 2010, in areas of public health law, labor relations, and personal injury law. Cross-referencing keywords revealed that incapacity (personal, domestic, or professional) reflecting the victim's disability from a legal perspective appears to be dominated by the impairment criterion. Conclusions Although the biopsychosocial model of disability appears to be widely accepted by courts, medical experts have made few changes to their methodology of assessing personal injuries. We identify four potential factors that could explain the status quo.
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series Archives of Public Health
spelling doaj-art-342d867346d64ccfadb3d3ca8b340f4c2025-08-20T01:48:03ZengBMCArchives of Public Health2049-32582024-12-0182111110.1186/s13690-024-01471-6Impact of the biopsychosocial model of disability on the medicolegal assessment of personal injuryIsabelle Lutte0Marguerite Schneider1Amandine Kapita2Anouk Gille3Pascal Staquet4Claude Tomberg5Faculty of Medicine, Université Libre de BruxellesAlan J. Flisher Centre for Public Mental Health, Department of Psychiatry and Mental Health, University of Cape TownBrussels BarBrussels BarBrussels BarFaculty of Medicine, Université Libre de BruxellesAbstract Background The objective of this paper was to determine whether the medicolegal assessment of injured and disabled persons is based on the biopsychosocial model of disability proposed by the International Classification of Functioning, Disability, and Health. Methods We searched for the word disability and other keywords, occurring alone or in combination as well as the meaning given to the word "disability” in two Belgian legal databases (JURA and STRADALEX) for the period from 1960 to 2020. Results The use of the term disability has increased over time, more so from 2001 to 2010, in areas of public health law, labor relations, and personal injury law. Cross-referencing keywords revealed that incapacity (personal, domestic, or professional) reflecting the victim's disability from a legal perspective appears to be dominated by the impairment criterion. Conclusions Although the biopsychosocial model of disability appears to be widely accepted by courts, medical experts have made few changes to their methodology of assessing personal injuries. We identify four potential factors that could explain the status quo.https://doi.org/10.1186/s13690-024-01471-6International classification of functioningDisability and healthDisabilityImpairmentActivity limitationParticipation restrictions
spellingShingle Isabelle Lutte
Marguerite Schneider
Amandine Kapita
Anouk Gille
Pascal Staquet
Claude Tomberg
Impact of the biopsychosocial model of disability on the medicolegal assessment of personal injury
Archives of Public Health
International classification of functioning
Disability and health
Disability
Impairment
Activity limitation
Participation restrictions
title Impact of the biopsychosocial model of disability on the medicolegal assessment of personal injury
title_full Impact of the biopsychosocial model of disability on the medicolegal assessment of personal injury
title_fullStr Impact of the biopsychosocial model of disability on the medicolegal assessment of personal injury
title_full_unstemmed Impact of the biopsychosocial model of disability on the medicolegal assessment of personal injury
title_short Impact of the biopsychosocial model of disability on the medicolegal assessment of personal injury
title_sort impact of the biopsychosocial model of disability on the medicolegal assessment of personal injury
topic International classification of functioning
Disability and health
Disability
Impairment
Activity limitation
Participation restrictions
url https://doi.org/10.1186/s13690-024-01471-6
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