Importancia del Estado Anterior en la valoración del daño corporal
ISSN: 1575-6793
Argitalpen urtea: 2005
Zenbakien izenburua: Monográfico: Odontología forense
Zenbakia: 7
Orrialdeak: 193-204
Mota: Artikulua
Beste argitalpen batzuk: Ciencia forense: Revista aragonesa de medicina legal
Laburpena
Prior pathological states often pose problems that are difficult to solve in personal harm evaluation cases. Based on the principle of the overall conception of the harm, of its compensation and of its evaluation, all the consequences caused must be considered for it to be fairly compensated, not admitting other typical elements of prior pathology that the victim of the harm might suffer. These prior elements, or Previous States, sometimes overlap with the injuries to be quantified, and they do so in such a complex way that it becomes very difficult to clearly separate them, establishing objectified causality links to be able to differentiate them. On some occasions, the work of the medical expert must pay special attention to this problem, making it easier to fulfil the legal maxim of compensating all the harm, but nothing more than the harm.