Circular 22: Guidelines on Determining the Percentage of Body Injury

According to the provisions of Article 4 Circular 22/2019/TT-BYT, the determination of the percentage of bodily injury or health damage, hereinafter collectively referred to as the percentage of bodily injury (abbreviated as % TTCT) used in forensic examination and psychiatric forensic examination is calculated by the addition method as follows:

Total % TTCT = T1 + T2 + T3 +...+ Tn

In which:

- T1: Defined as the percentage of bodily injury of the first injury (within the percentage range of injuries specified in this Circular).- T2: is the percentage of the second injury: T2 = (100 - T1) x the percentage of the second injury / 100;- T3: is the percentage of the third injury: T3 = (100 - T1 - T2) x the percentage of the third injury / 100;- Tn: is the percentage of the nth injury: Tn = {100 - T1 - T2 - T3 -...- T(n-1)} x the percentage of the nth injury / 100.- The total % TTCT, after rounding, is the final result.

Illustrative image (source: internet)

Below are some specific examples of the method for determining the percentage of bodily injury:

First: An individual with multiple injuries:

Mr. Nguyen Van A is determined to have 03 injuries:

- Amputation of 1/3 of the right upper arm, percentage range of injuries from 61% - 65%;- Blindness in the left eye, eye still intact, percentage of injury is 41%;- Mild hearing loss in both ears level I, percentage of injury from 21% - 25%.

Applying the above method, the total percentage of bodily injury of Mr. Nguyen Van A is calculated as follows:

- T1 = 63% (the percentage of bodily injury specified in this Circular from 61%-65%, the examiner can assess and determine the percentage of injury at 61%, 62%, 63%, 64%, or 65%. In this example, the examiner takes the injury percentage as 63%).

- T2 = (100 - 63) x 41/100% = 15.17%.

- T3: Mild hearing loss in both ears level 1, percentage of injury specified in this Circular from 21% - 25%. The examiner can assess and determine the percentage of injury within the range of 21% - 25%. In this example, the examiner takes the percentage of injury as 22%, so Mr. A's percentage of injury is calculated as:

T3 = (100 - 63 - 15.17) x 22/100 % = 4.80%

The total percentage of Mr. Nguyen Van A's bodily injury is: 63% + 15.17 % + 4.80% = 82.97 %, rounded to 83%.

Conclusion: The total percentage of Mr. Nguyen Van A's bodily injury is 83%.

Second: A person needs to be examined at two organizations: (1) Forensic examination and (2) Psychiatric forensic examination:

Mr. Nguyen Van B (Mr. B) has been examined by the forensic examination organization with the conclusion that the total percentage of bodily injury is 45% (T1).

After that, Mr. B goes to be examined at the psychiatric forensic examination organization, which concludes that Mr. B's percentage of injury is 37%. This organization aggregates the total percentage of Mr. B's bodily injury as follows:

T1 has been determined as 45%; T2 is determined as follows:

T2 = (100 - 45) x 37/100 = 20.35%.

The total percentage of Mr. B's bodily injury is = (T1 + T2).

The total percentage of Mr. Nguyen Van B's bodily injury is: 45 % + 20.35 % = 65.35 %.

Conclusion: The total percentage of Mr. Nguyen Van B's bodily injury is 65%.

For details, see Circular 22/2019/TT-BYT, effective from November 1, 2019.

Thu Ba

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