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A Journal on Forensic Medicine
Minerva Medicolegale 1999 June;119(2): 77-96
Indirect psychic damage in Europe and the United States. The current situation
Celli R., Mascaro V.
With reference to damage to health, the authors examine the spreasd of the type of protection which have created over the past few years, namely the biological damage Jure Successio-nis sustained by the victim himself and transferred mortis causa to his heirs, and the biological damage Jure Proprio affecting close relatives, namely the damage to health sustained by the latter following the psychic disorders triggered off by the loss of the close relative. The study analyses the so-called ''post-traumatic disorder caused by death'' which is manifested by the onset of a series of typical symptoms which are extraneous to normal human experience, namely all those experiences which do not form part of the common events of life. Profound disorders may occur in everyday life following the loss or grave illness of a relative, leading to the onset of physical problems if pain gives rise to illness, or psychological damage if pain leads to the narrowing of relationships. The authors examine a number of problems ranging from the medicolegal field to forensic psychiatry and psychology. They also discuss one of the new elements arising from this type of evaluation concerning the so-called pathogenic process whose limits and meaning are defined. Through direct contacts with European institutions, university institutes, international law firms and foreign and national insurance companies, the authors present the data regarding the current documentation in a European context, using analytical and concise criteria. They use a listing system based on geographical contiguity, according to the profiles which distinguish the various statutory and legffislative systems of the different member states, mainly through EU directives which have been issued over the past years, thus making an inital attempt to standardise the various legal systems.