Article Type : Research Article
Authors : Fourati H, Cherif Elkhal M and Shimi M
Keywords : Medico-legal evaluation; Bodily injury; Inter-expert variability; Harmonization; Forensic medicine
Background: Medico-legal evaluation of bodily injury
is essential for judicial decisions in both criminal and civil cases. Despite
the availability of assessment tools and protocols, practices remain
heterogeneous and subject to significant inter-expert variability.
Objective: To synthesize current literature on
medico-legal assessment of bodily injury, highlighting variability between
experts, methodological limitations, and strategies for harmonization.
Methods: A literature search was conducted in PubMed,
Scopus, and Google Scholar for articles published between 2019 and 2025, in
English and French. Keywords included: forensic evaluation, medico-legal
assessment, bodily injury, inter-expert variability, harmonization. Sixteen
studies were included, covering descriptive, analytical, observational, and
validation designs.
Results: Included studies revealed significant
inter-expert variability, especially in complex cases such as torture, sexual
and physical violence, or cognitive trauma. Standardized tools and structured
evaluation frameworks improved reproducibility. Variability in report quality
and methodological inconsistencies remain major challenges. Harmonization
through guidelines, consensus, and training is increasingly recommended.
Conclusion: Medico-legal assessment of bodily injury
is influenced by methodological, experiential, and contextual factors. Adoption
of standardized tools, validated protocols, and harmonized practices is
essential to enhance reliability, consistency, and equity in medico-legal
expertise. Future multicenter studies are needed to evaluate the impact of
these strategies.
Medico-legal
assessment of bodily injury is a central component of judicial and compensation
decisions in both criminal and civil proceedings. It enables the evaluation of
the physical, functional, and psychological consequences of bodily harm and
guides the compensation of damage. This mission places the medical expert in a
key position at the interface between medicine and law [1]. Despite the
existence of standardized scales and assessment tools, practices remain
heterogeneous. Inter-expert variability may lead to divergent conclusions in
similar clinical situations [2,3]. Traditional scales sometimes lack
reproducibility and are insufficiently adapted to complex cases [4,5].
Consequently, the harmonization of assessment methods has become a major challenge
to improve the equity and reliability of medico-legal expertise [6,7]. The
objective of this review is to synthesize current practices, identify sources
of variability, and discuss perspectives for harmonizing medico-legal
assessment methods of bodily injury.
A
literature search was conducted in the PubMed, Scopus, and Google Scholar
databases, covering publications published between 2019 and 2025, in French and
English. The keywords used included: forensic evaluation, medico-legal
assessment, bodily injury, inter-expert variability, and harmonization.
Inclusion criteria comprised original studies or reviews addressing
medico-legal assessment of bodily injury, as well as articles focusing on
inter-expert variability and recommendations for harmonizing practices.
Exclusion criteria included animal or experimental studies and publications
lacking original data or not relevant to medico-legal practice. Extracted data
included study type, study population, methods used, main findings, and
recommendations regarding the harmonization of medico-legal assessment of
bodily injury.
A total of sixteen studies published between 2019 and 2025 were included in this review and summarized in (Table 1) [1-16]. These studies encompass a wide range of methodologies, including inter-observer analyses, descriptive and analytical studies, tool validation studies, as well as narrative and systematic reviews. The medico-legal contexts explored were diverse and included the assessment of physical violence, sexual violence and torture, road traffic injuries, maxillofacial injuries, cognitive trauma, as well as specific situations such as pediatrics and migration.
Table 1: Characteristics and main findings of studies included in the review on medico-legal assessment of bodily injury.
|
Study |
Author, year [reference] |
Main topic |
Study type |
Population / Material |
Main findings |
|
1 |
Ingravallo
F et al., 2020 [1] |
Methodological
consensus |
Consensus
conference |
Multidisciplinary
experts |
Harmonized
recommendations |
|
2 |
Franceschetti
L et al., 2023 [2] |
Inter-expert
variability |
Inter-observer
analysis |
Victims of
torture |
Low
inter-expert agreement despite use of the Istanbul Protocol |
|
3 |
Walz C et
al., Int J Legal Med, 2023 [3] |
Physical
violence |
Comparative
study |
Examined
victims |
Forensic
experts outperform non-trained clinicians |
|
4 |
Stevenson
C et al., 2022 [4] |
Reliability
of assessment tools |
Validation
study |
Medico-legal
reports |
Standardized
tool improves reproducibility |
|
5 |
Albano GD
et al., 2025 [5] |
Forensic
imaging |
Review |
Musculoskeletal
injuries |
Limitations
in injury dating |
|
6 |
Kerbacher
S et al., 2019 [6] |
European
organization |
Descriptive
review |
EU
forensic medicine services |
Major
heterogeneity in practices |
|
7 |
Giovannini
E et al., 2024 [7] |
Road
traffic injuries |
Systematic
review |
Traffic
accidents |
Need for
flexible assessment tools |
|
8 |
Makni C et
al., 2021 [8] |
Quality of
initial medical certificates |
Descriptive
study |
450 IMCs –
Tunisia |
High
heterogeneity of certificates with judicial impact |
|
9 |
Colin P et
al., 2024 [9] |
Quality of
expert reports |
Analytical
study |
30
judicial expert reports |
Frequent
methodological shortcomings |
|
10 |
El Shehaby
DM et al., 2020 [10] |
Maxillofacial
assessment |
Retrospective
study |
Facial
trauma |
Correlation
between facial injuries and CT findings |
|
11 |
Aydo?du H
et al., 2022 [11] |
Cognitive
trauma |
Observational
study |
Traumatic
brain injury |
Frequent
underestimation of cognitive disorders |
|
12 |
Giovannini
E et al., 2024 [12] |
Injured
children |
Systematic
review |
Pediatrics |
Specific
medico-legal considerations |
|
13 |
Tullio V
et al., 2023 [13] |
Sexual
violence |
Qualitative
study |
Migrant
women |
Ethical
and medico-legal challenges |
|
14 |
Giuvara RC
et al., 2024 [14] |
Maxillofacial
trauma |
Observational
study |
General
practice |
Inadequate
management and assessment |
|
15 |
Jühling M
et al., 2023 [15] |
Torture –
Germany |
National
study |
Asylum
seekers |
Incomplete
application of the Istanbul Protocol |
|
16 |
Jali MMA
et al., 2025 [16] |
Forensic
medicine and justice |
Review |
Criminal
cases |
Multiple
interfaces and systemic limitations |
Inter-expert
variability and reproducibility of assessments
Several
studies highlight significant inter-expert variability in the medico-legal
assessment of bodily injury. An inter-observer analysis conducted among victims
of torture demonstrated a low level of agreement between experts, despite the
use of the Istanbul Protocol, underscoring the limitations of existing
guidelines when applied without strictly standardized procedures [2].
Similarly, the assessment of physical violence revealed notable discrepancies
between trained forensic experts and non-specialist clinicians, with potential
consequences for the evaluation of injury severity and outcomes [3]. Post-traumatic cognitive disorders
also represent a major source of variability. An observational study reported
frequent underestimation of these impairments in routine medico-legal practice
[11]. These findings highlight persistent difficulties in objectively assessing
certain functional and psychological dimensions of bodily injury.
Quality
of medico-legal documents
The
quality of initial medical certificates (IMCs) and expert reports appears to be
a key determinant of assessment reliability. A Tunisian study focusing on IMCs
revealed substantial heterogeneity in drafting practices, which may influence
judicial and compensation decisions [8]. Similarly, analyses of judicial expert
reports identified recurrent methodological shortcomings, particularly in terms
of structure, justification of conclusions, and traceability of expert
reasoning [9]. These findings emphasize the need for improved practitioner
training and increased use of standardized reporting templates.
Contribution
of standardized tools and guidelines
Several
studies assessed the value of structured tools in improving the reliability of
medico-legal expertise. A validation study of a tool designed to assess the
quality of medico-legal reports demonstrated a significant improvement in
reproducibility and inter-expert consistency, suggesting real potential for
reducing subjectivity [4]. These results are consistent with recommendations
from consensus conferences, which emphasize the importance of methodological
harmonization while preserving individualized expert judgment [1]. At the
European level, a review of forensic medicine services highlighted marked
heterogeneity in organization and practices, reinforcing the argument for
shared standards and common reference frameworks [6].
Specific
contexts of bodily injury
Studies
focusing on specific contexts illustrate the growing complexity of contemporary
medico-legal assessment. Road traffic injuries have been addressed in
systematic reviews highlighting the need for flexible tools capable of
accounting for the diversity of injury mechanisms and functional consequences
[7]. In pediatrics, significant medico-legal specificities have been reported,
requiring adaptation of assessment methods to the developmental characteristics
of children [12]. Maxillofacial injuries were examined in several studies,
revealing deficiencies in both management and assessment in specialized
settings as well as in general practice [10,14]. Furthermore, situations
involving sexual violence and migration raise major ethical and medico-legal
challenges, requiring a multidisciplinary and culturally sensitive approach
[13,15]. Finally, a broader reflection on the interfaces between forensic
medicine and the justice system highlights current limitations of the expert
system and the need for evolving practices in response to increasing societal
expectations [16].
This
review highlights the persistent variability in medico-legal assessment
practices of bodily injury, despite the availability of recognized protocols,
recommendations, and methodological tools [1,5,6]. The analyzed studies
demonstrate that this variability affects the interpretation of injuries, the
drafting of medico-legal documents, and the assessment of functional and
psychological consequences, with direct implications for judicial and
compensation decisions [2,3,4,8,9]. Inter-expert variability emerges as a
recurrent finding, particularly in complex situations such as intentional
violence, torture, or cognitive trauma [2,3,11,15]. Even in contexts where
international reference frameworks exist, such as the Istanbul Protocol, a low
level of inter-observer agreement has been reported, underscoring the
limitations of non-standardized application and the dependence on individual
expert experience [2]. These findings confirm that the mere availability of
methodological guidelines is insufficient to ensure homogeneous assessments in
the absence of specific training and structured tools [4,5,6]. The quality of
initial medical certificates and judicial expert reports represents another
major issue. The included studies reveal substantial heterogeneity in the
structure, content, and medico-legal reasoning of produced documents, with
methodological shortcomings that may weaken their evidentiary value [8,9]. This
drafting variability is particularly concerning in judicial contexts, where
medical documents often constitute key elements in judges’ appraisal of bodily
injury [9].
Several
studies emphasize the value of standardized tools and structured reporting
templates in improving the reproducibility and reliability of expert
assessments [4,10]. The use of validated assessment grids or standardized
report formats appears to reduce subjectivity and promote better inter-expert
consistency [4,5]. However, these studies also stress the importance of
preserving individualized expert judgment, which is essential to account for
the specific clinical, functional, and contextual characteristics of each
victim [1,5,6]. The challenge therefore lies in achieving a balance between
methodological standardization and personalized assessment of bodily injury.
The specific contexts addressed in the included studies—road traffic injuries,
maxillofacial trauma, pediatrics, sexual violence, and migration—illustrate the
increasing complexity of contemporary medico-legal situations
[7,10,12,13,14,15]. These contexts require specialized skills and adaptation of
assessment methods, further reinforcing the need for continuous training of
physicians involved in forensic medicine and close multidisciplinary
collaboration with judicial and social stakeholders [12,13,14]. Finally, the
heterogeneity observed across countries and medico-legal systems highlights the
absence of a harmonized international framework for bodily injury assessment
[6,16]. Organizational, legal, and cultural disparities influence practices and
represent a barrier to the comparability of expert evaluations. Nevertheless,
consensus initiatives and recent efforts toward shared reference frameworks
offer promising perspectives for improving the coherence and equity of
medico-legal expertise [1,5].
This
review has certain limitations. It is based on a limited number of studies with
substantial methodological heterogeneity, precluding quantitative
meta-analysis. In addition, most of the included studies are observational or
descriptive, exposing the findings to potential bias [2,3,8]. Nevertheless,
this diversity reflects the reality of medico-legal practices and supports the
relevance of a qualitative and synthetic approach [4,5]. The findings of this
review support the development and validation of standardized assessment tools,
the improvement of initial and continuing education in forensic medicine, and
the progressive harmonization of practices at both national and international
levels [1,4,5,6]. Future multicenter and comparative studies are needed to
assess the actual impact of these approaches on the reliability and equity of
medico-legal assessment of bodily injury [16]. These methodological challenges
are also observed in specific contexts such as the assessment of alleged
injuries among asylum seekers. A four-year retrospective study highlights the
importance of rigorous documentation of physical evidence to support accounts
of torture and abuse [17]. The absence of clear definitions, such as wound
depth in many medico-legal reports, represents a major methodological
shortcoming, emphasizing the need for more precise documentation of bodily
injuries [18]. Furthermore, the psychological and physical sequelae of torture
survivors require medico-legal expertise that integrates both clinical and psychological
elements, reinforcing the idea that assessments should not be limited to
traditional scales focused solely on isolated physical criteria [19]. Finally,
a multidisciplinary approach incorporating specialized examinations and
instrumental tools has been proposed to improve the quality of physical abuse
assessments, in line with recommendations advocating methodological
harmonization across medico-legal practices [20].
Medico-legal
assessment of bodily injury remains characterized by significant inter-expert
variability, methodological shortcomings, and heterogeneity in the quality of
medical certificates and expert reports. The use of standardized tools,
validated assessment grids, and harmonized reference frameworks, combined with
specialized training, appears essential to improve the reliability,
consistency, and equity of expert evaluations. Future perspectives include the
implementation of national and international protocols and the conduct of
multicenter studies aimed at reducing disparities and strengthening the
credibility of medico-legal expertise.