Abstract

GARAMENDI, PM.. Commentaries on the Spanish Law 34/2003 (3): Evaluation of the chapters concerning spinal column, upper and lower extremities. Cuad. med. forense [online]. 2004, n.38, pp.05-20. ISSN 1988-611X.

On November 5 2003 the new Law 34/2003 was published. This law entails the modification and adaptation to the community normative concerning legislation of private insurance that included the modification of the chart VI of scale of compensation of definitive sequels of the Law 30/1995 of ordination and supervision of private insurance. In our country, the mentioned scale has constituted and constitutes the tool applied in the judicial context for economic compensation of the lesions taken place in traffic accidents. The previous writing of the mentioned scale has been the cause of inflamed controversies in the different debate forums related to the Valuation of the Corporal Damage from its installation. Without denying the necessity of some instrument of common valuation that collaborates to avoid the situation of existing apparent chaos in our country until the installation of the traffic scale, they have been multiple the criticisms expressed on their scientific basis, validity and final writing. The present paper tries to advance some criticisms and proposals of improvement on the new writing of the scale, being centered on the modifications included in the chapter of spinal column, upper and lower extremities in the locomotor aparatus.

Keywords : traffic accidents; guides for the assessment; upper extremities; lower extremities; Spanish Law 34/2003; Traumatology; spinal column; permanent impairment assessment.

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