Circular 20: Guidance on Methods for Determining the Rate of Bodily Injury

This is notable content prescribed by the Ministry of Health in Circular 20/2014/TT-BYT, stipulating the rate of bodily injury used in forensic examination and forensic psychiatric examination.

In accordance with the guidelines outlined in Circular 20/2014/TT-BYT, the determination of the percentage rate of bodily harm (TTCT) is calculated using the summation method as follows:

Total percentage of TTCT = T1 + T2 + T3 + ... + Tn

Where:

- T1: Percentage rate of TTCT of the first injury: T1 is determined as the percentage rate of the injury within the TTCT frame rate;- T2: Percentage rate of TTCT of the second injury: T2 = (100 - T1) x percentage rate of TTCT of the second injury / 100;- T3: Percentage rate of TTCT of the third injury: T3 = (100 - T1 - T2) x percentage rate of TTCT of the third injury / 100;- Tn: Percentage rate of TTCT of the nth injury: Tn = {100 - T1 - T2 - T3 - ... - T(n-1)} x percentage rate of TTCT of the nth injury / 100.

Example: Mr. Nguyen Van D is determined to have 03 injuries:

- Amputation of the middle 1/3 of the right arm, the percentage rate of TTCT ranges from 61% to 65%;- Blindness in the left eye without enucleation, the percentage rate of TTCT is 41%;- Mild hearing loss in both ears at level I, the percentage rate of TTCT ranges from 21% to 25%.

Applying the above method, the total percentage rate of TTCT for Mr. Nguyen Van D is calculated as follows:

- T1 = 63% (the percentage rate of TTCT as specified in this Circular ranges from 61% to 65%. The examiner can evaluate and determine the percentage rate of TTCT as 61%, 62%, 63%, 64%, or 65%. In this example, the examiner selects the TTCT rate as 63%).- T2 = (100 - 63) x 41 / 100 % = 15.17 % (results rounded to two decimal places).- T3: Mild hearing loss in both ears at level I, the percentage rate of TTCT is specified in this Circular as ranging from 21% to 25%. The examiner can evaluate and determine the percentage rate of TTCT within this range. In this example, the examiner selects the percentage rate of TTCT as 22%, so the percentage rate of TTCT for Mr. D is calculated as:- T3 = (100 - 63 - 15.17) x 22 / 100 % = 4.80 %- Total percentage rate of TTCT for Mr. Nguyen Van D is: 63% + 15.17 % + 4.80 % = 82.97 %, rounded to 83%.

Conclusion: The percentage rate of TTCT for Mr. Nguyen Van D is 83%.

See related regulations at Circular 20/2014/TT-BYT effective from August 15, 2014.

Thu Ba

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