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 Time
x 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 WOUNDS
1. 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, axe
b. 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 victims 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 offenders, 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