In Cameroon, the duration of unavailability mentioned on a medical-legal certificate is expressed in Total Disability to Work days. This medico legal certificate should not be confused with a medical certificate.
It is crucial to understand that this period laid down in the document does not necessarily correspond to a professional leave (sick leave). It refers to the period during which the victim is hindered from performing the essential acts of daily life. These essential activities include eating, bathing, dressing, etc.
A Medico-Legal Certificate is a legally recognized document prepared by a licensed medical practitioner that records medical examination findings, injuries, or illnesses with potential legal significance. Commonly issued in cases involving road accidents, physical assault, or occupational injuries, this document plays a vital role as authoritative medical evidence in police investigations and judicial proceedings.
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Factors Guiding the Duration of Medico-Legal Certificates
Here are the key points doctors in Cameroon must be guided on before issuing these certificates and its consequences:
The threshold of criminal qualification
The duration of the Total Disability registered in the medical-legal certificate determines the severity of the offense before the Cameroonian courts as follows:
- Total Disability to Work less than 30 days: The facts are generally classified as minor injuries (crime). The sentence imposed is from 6 days to 2 years in prison.
- Total Disability to Work of more than 30 days: The facts are called simple injuries. The sentence is heavier, ranging from 6 months to 5 years in prison.
- Serious or severe cases: If disability is perpetual or results in the loss of an organ, serious injuries (crime) are being reported, regardless of the number of days.
How to determine or set the duration
There is no “standard” period imposed by law, because it depends on clinical examination. However, forensic practice in Cameroon is based on scales of reference for common injuries.
- Simple skin lesions (ecchymosis, erosions): Often between 1 and 8 days.
- Simple fractures (e.g. nose, ribs): Usually between 10 and 21 days.
- Complex fractures (e.g. lower limb, jaw): Often more than 30 days.
- Psychological trauma: A state of shock or post-traumatic stress may also justify a Total Disability to Work (often four to eight days initially).
Note
If a physician willfully overestimates or underestimates the duration, it exposes the doctor to penalties as stipulated by Article 259 of the Cameroonian Penal Code. The doctor can also face disciplinary actions from the Cameroon Medical Council (CMC).
Read More: Suing For Medical Negligence in Cameroon.