Using the International Classification of Functioning, Disability and Health in assessing moral damages

A. Nanu, D. Georgescu, D. Bulgaru, M. Berteanu, C. Radulescu

Abstract: Acts of medical malpractice attract civil liability of the medical staff or medical providers which through these deeds caused prejudices to patients. Civil liability of medical personnel implies taking cover of the prejudices caused by acts of malpractice. Where the conditions of civil liability are met this manifests as a rule, an obligation for compensation, the compensation for a prejudice caused by medical act. If the prejudice can be assessed in money, it is a patrimonial prejudice (material prejudices). If the prejudice is not likely to financial evaluation, it is a moral prejudice (moral injury). If material prejudices can be quantified, in a direct, objective way, based on experts’ reports, the financial compensation for moral injury issue remains a controversial one, due to subjectivity in the assessment of monetary damages for such injuries. In our analysis we aim to present a possible solution for the adoption of the International Classification of Functioning, Disability and Health as a tool for structuring and standardization of the assessment needed to cover compensation for prejudices caused by acts of medical malpractice. In an annex to this article, we enclosed an example of using the coding operation of the International Classification of Functioning, Disability and Health to assess the prejudice caused by a possible act of medical malpractice[1]. Developing and implementing a standardized system for assessing moral damages can contribute to change the stance of the insurance companies concerning the coverage for moral injury under the liability contracts for medical staff.
Keywords: prejudicie, moral injury, medical malpractice