How reliable is the Spanish bodily harm assessment scale?

•This study seeks to assess the reliability of the Spanish scale of assessment of bodily harm: Royal Decree 8/2004.•Valuations performed by 24 medical experts in assessment of bodily harm on the same patient were analysed.•Analysis of the results showed significant differences in many of the variables.•The scale should adopt measuring systems and classification of clinical outcomes such as the SCI, ASIA or Daniels scale.

The use of scales to quantify or qualify bodily harm resulting from an unintentional car accident has been mandatory in Spain since 1995 and compensation for personal injuries resulting from a traffic accident is calculated according to a legal ruling established by Royal Decree 8/2004 (RDL). This present study assesses the reliability of the scale.Agreement between the evaluations for the same patient by 24 qualified observers following the Royal Decree 8/2004 was measured using the Kappa index. The variables assessed were the days of hospitalization, impeditive days, non impeditive days and the functional and aesthetic sequelae.The application of the Fleiss Kappa index obtained a result of 0.37, indicating a “fair agreement” according to the rating scale proposed by Landis and Koch.This study demonstrates the unreliability of the Spanish medical scale for the assessment of injury as described in the RDL 8/2004. The scale should adopt the measurement systems and clinical classifications of outcomes such as the ASIA, SCI scale or the Daniels scale of neurological injury and allow scientific discussion of the findings of the report. The resulting quantitative value should operate as a reliable indicator of a specific quality of the damage.