Defining personal loss after severe brain damage.

The impact of disorders of consciousness in terms of compensation for patients' personal non-economic injuries often raises vigorous debates in legal courts. Attributing personal loss to non-communicating brain damaged patients based on assessment of residual levels of consciousness remains controversial. Is the loss of consciousness in vegetative or minimally conscious state a condition to be compensated for? Does alteration of consciousness diminish the seriousness of injury? To answer these challenging medico-legal questions, three distinct aspects are here taken into consideration: (i) the recognition that disorders of consciousness constitute a personal injury for non-communicative patients; (ii) the scope of the compensation for this injury and (iii) the purpose of the compensation granted. © 2009.SCOPUS: ar.j