MEDICO-LEGAL ASPECTS OF

PHYSICAL INJURIES

PHYSICAL INJURY:

• The effect of some forms of stimulus on the body.

• The effect may be only apparent. It may also be real.

• Effect of stimulus may be immediate or also may be delayed.

CAUSES OF PHYSICAL INJURIES:

a.Physical Violence

b.Heat or Cold

c.Electric Energy

d.Chemical Energy

e.Radiation by Radio – Active Substances

f. Change of Atmospheric Pressure

( Barotrauma )

PHYSICAL INJURIES BROUGHT ABOUT BY PHYSICAL VIOLENCE:

- The effect of application of physical violence is the production of wound.

WOUND – the disruption of the anatomic integrity of a tissue of the body.

PHYSICS OF WOUND PRODUCTION

• Wound = Kinetic Energy x Timex Area x Other Factor

2

• Kinetic Energy = MV

2

• M= mass V= velocity

A. KINETIC ENERGY:

• Based on mass and velocity

• Velocity is squared, velocity component is the important factor.

• e.g

M- 16 bullet – 3,200 ft. / sec.

( will make more damage )

0.38 caliber – heavier but slower velocity

B. TIME:

• The shorter the period to transfer the energy, the greater the damage.

C. AREA OF TRANSFER:

• The larger the area of contact between the force and the body, the lesser the damage.

• e.g.

stabbing is greater damage than using blunt instruments.

D. OTHER FACTORS:

• The less elastic and plastic the tissue, greater laceration will result.

• Movement of body parts as a result of a force applied and the local stretching of tissue cause most of the internal injuries.

• Force transmitted through tissue containing fluid will force fluid away from the area of contact.

CLASSIFICATION OF WOUNDS1. As to severity:

a. Mortal Wound

- capable of causing death.

Mortal Body Parts:

1. Heart and big blood vessels

2. Brain and upper portion of the spinal cord

3. Lungs

4. Stomach, liver, spleen and intestine

b. Non- Mortal Wounds

- not capable of causing death immediately or shortly after the infliction.

2. As to the kind of instrument used:

a. Blunt Instrument – contusion, hematoma, lacerated wound.

b. Sharp Instrument:

1. sharp-edged instrument –incised wound

2. sharp-pointed instrument –punctured wound

3.sharp-edged and sharp-pointed instrument – stab wound

c. Tearing Force – Lacerated Wound

d. Change of Atmospheric Pressure –Barotrauma

e. Heat or Cold –

Frostbite, Burns or Scald

f. Chemical Explosion –

Gunshot, Shrapnel

g. Infection

3. As to the manner of infliction:

a. Hit – bolo, blunt instrument, axeb. Thrust or Stab – bayonet dagger

c. Gun powder explosion –projectile or shrapnel wound

d. Sliding or rubbing or abrasion

4. As to the depth of the wound:

a. Superficial – only layers of the skin.

b. Deep – inner structure beyond the layer of the skin.

1. Penetrating- one in which the wounding agent enters the body but did not come out or the mere piercing of a solid organ or tissue of the body.

2. Perforating – causes communication between the points entry and exit of the instrument or substance producing it.

5. As regards to the relation of the site of the application of force and the location of injury:

a. Coup Injury – located at the site of the application of force.

b. Contre-Coup Injury- located at the opposite site of application of the force.

c. Locus Minoris Resistencia- located not at the site nor opposite but in areas offering the least resistance to the force applied.

e.g. blow on forehead causing contusion at eyeball.

d. Coup Contre – Coup Injury –located at the site and also opposite the site.

e. Extensive Injury – involving greater area of the body beyond the force applied. E.g victim of vehicular accident

6. Special Types of Wounds:

a. Defense Wound - reaction of self-protection.

b. Patterrned Wound – wound in the nature and shape of the instrument.

e.g. tire marks, abrasion marks on neck

c. Self- Inflicted Wound – as distinguished from suicide, the

person has no intention to end his life.

LEGAL CLASSIFICATION OF PHYSICAL INJURIES:

1. Mutilation: (Art. 262,RPC)

- Intentionally mutilating another by depriving him of his essential organ for reproduction, either totally or partially.

- The act of looping or cutting off any part or parts of a living body.

- To be punishable, it must be done intentionally, otherwise it will be considered Physical Injury.

-Penalty: reclusion temporal to reclusion perpetua, for intentional mutilation of reproductive organ. Prision mayor in it medium and maximum period for any other intentional mutilation.

- Mayhem – Mutilation of body parts other than the reproduction organ. If done with deliberate intent, considered Physical Injury.

- Loss of eye during stabbing

- Vasectomy and tubal ligation – not a mutilation but a legitimate method of contraception ( sec. of Justice, 1973 )

2. Serious Physical Injuries ( Art. 265, RPC )

- Any person who shall wound, beat or assault another.

PENALTIES:

1. Prision Mayor – if the injured person shall

become insane, imbecile, impotent or blind.

2. Prision Correccional in its medium and maximum periods:

- if injured person shall lost the use of speech, or the power to hear or smell, or shall lost an eye, a hand, a foot, an arm or a leg, or shall have lost the use of any such number or shall become incapacitated for work habitually engaged.

3. Prision Correcciunal in its minimum and medium period:

- person injured shall have become deformed, or lost parts of his body, or lost the use thereof, or shall become ill or incapacitated for the performance of work for a period of more than 90 days.

4. Arresto Mayor in its maximum period to prisiun correctional in its minimum period:-Physical injuries inflicted shall cause the illness or incapacity for labor for more than 30 days.

3. Administering Injurious Substances or Beverages: ( Art. 264, RPC )

ELEMENTS OF THE CRIME:

a. The offender inflicted upon another person any serious physical injury.

b. The infliction of physical injury was done knowing that the substance or beverage administered is injurious or took advantage of the victim’s weakness or credulity ; and

c. There was no intent to kill on the part of the offender.

4. Less Serious Physical injuries: ( Art. 265, RPC )

- shall incapacitate the offended party

for labor 10 days or more, or shall require medical attendance for the same period.

- PENALTY: a. Arresto Mayor

b. a fine not exciding 500 pesos in addition to arresto mayor if done with manifest intent to assault or offered or under circumstances adding ignominy to the offense.

c. Prision correccional in the minimum and medium periods. If inficted upon offender’s, parents, ascendants, guardians, curators, teachers or person of rank or person in authority.

- The basis to determine whether the Physical Injuries is less serious or not is either by the period of medical attendance or period of incapacity. ( 10 days or more than but not more than 30 days)

REGIE C. BANGAYAN

LLB IV - A