[The forensic medical assessment of occupational hypoacusis in the penal field]

The authors discuss the difference between otopathy intended as anatomic and functional damage occurring in the Corti cells, and hearing loss intended purely as the functional aspect of otopathy. The different juridical interpretations of the "appreciability" concept are described, both case by case interpretation and interpretation on the basis of a minimal threshold limit (10-15%). In Italian penal law and jurisprudence, an extremely rigorous approach is generally used based on the minimum technically detectable impairment. A recent sentence of the Penal Court (No. 4049/89) is illustrated. Other juridical problems posed by Italian law and jurisprudence are reviewed and discussed. Practical operational problems are described and guidelines for intervention are proposed. The authors strongly support the need for a multidisciplinary approach to the problems of occupational hearing loss or impairment which is one of the chief aims of the Italian National Study Group for Forensic Audiology, which consists of members of the Italian scientific societies of Audiology, Occupational Medicine, and Forensic and Insurance Medicine.