The medico-legal assessment of aesthetic damage. A correlation analysis between experts and an operative proposal

Leg Med (Tokyo). 2019 Sep:40:47-53. doi: 10.1016/j.legalmed.2019.07.006. Epub 2019 Jul 22.

Abstract

Aesthetic damage, defined as any detrimental modification of the individual morpho-functional exterior attributes, is difficult to assess, since the perception of its entity is rather subjective. This study aims to provide a medico-legal contribution to the assessment of this kind of damage. 60 photographic images, representing stabilized aesthetic damage, were collected and showed to 16 expert evaluators, who were required to exclusively quantify the objective component of the aesthetic impairment. The inter-observer agreement for the assessments was calculated using the Intraclass Correlation Coefficient (ICC). Looking into specific characteristics of both the injury and the damaged subject, the assessors were more consistent in quantifying the damage in male subjects (ICC 0.68) and in subjects aged over 50 years (ICC 0.81) as well as in assessing extensive damages (ICC 0.61) than those of mild severity (ICC 0.41). The assessment of impairments located in the facial area resulted in a high level of concordance (ICC 0.73), while damages located the head and neck regions presented the lowest concordance (ICC 0.35). The evaluators were more consistent in assessing the outcomes of burns (ICC 0.70). Regardless the various reasons underlying the different degree of concordance, these results and the high degree of the overall concordance (ICC 0.63) point out the skillfulness of medicolegal professionals to formulate a complex judgment as more objectively as possible. Finally, an operative proposal was outlined to guide medico-legal professionals or interns in evaluating the aesthetic damage as more objectively as possible.

Keywords: Aesthetic damage; Aesthetic impairment; Assessment; Medico-legal evaluation; Personal injury claim.

MeSH terms

  • Adolescent
  • Adult
  • Aged
  • Child
  • Child, Preschool
  • Compensation and Redress / legislation & jurisprudence*
  • Esthetics*
  • Expert Testimony
  • Female
  • Humans
  • Iatrogenic Disease
  • Male
  • Malpractice / legislation & jurisprudence*
  • Middle Aged
  • Photography
  • Wounds and Injuries / complications*