Head of Medical Law Practice
Specializes in medical, corporate, and migration law. Has extensive experience working with medical and pharmaceutical businesses, particularly in licensing, circulation of medicines, and comprehensive legal support of healthcare institutions, including corporate, tax, and employment matters, as well as market entry projects of foreign companies into Ukraine.
Case: Proved a Persistent Functional Deficit and Obtained Group III Disability Status for a Serviceman through the Expert Team Assessment
With the transition from the former MSEC system to the new Expert Teams for Assessment of Daily Functioning under Resolution of the Cabinet of Ministers of Ukraine No. 1338, the rules changed fundamentally: the state no longer assigns a disability group simply “because of an injury” or the presence of scars. Today, expert teams require evidence of an actual functional deficit — specifically how the injury limits mobility, self-care and professional ability to work.
A serviceman of the Armed Forces of Ukraine applied to the medical law practice of Prikhodko & Partners. While performing combat missions in defence of the Motherland, the serviceman sustained severe multiple injuries to the shoulder, nerves and limbs. Despite lengthy treatment and a Military Medical Commission conclusion confirming that the injury was connected with the defence of the Motherland, the serviceman’s actual condition was being downplayed: he faced the risk of formal “closure of the case” without obtaining the lawful status of a person with a disability because the defect could initially appear “insufficiently pronounced”.
During an in-depth medical and legal audit, the lawyers documented a complex traumatic pathology consisting of several interconnected disorders:
- primary diagnosis (ICD-10 code: S49.7): multiple injuries of the shoulder and shoulder girdle;
- severe functional consequences (codes T92.1, T92.4): sequelae of an upper limb fracture and sequelae of injury to an upper limb nerve;
- neurological and musculoskeletal complications: monoplegia of the upper limb (G83.2), causalgia (G56.4) — a burning, persistent pain syndrome, as well as multiple joint contractures (M24.50), which critically restricted movement of the arm;
- associated sensory impairments: background retinopathy and retinal vascular changes (H35.0), myopia (H52.1) and subjective tinnitus (H93.1).
Expert teams often dismiss such conditions on the basis of the “possibility of compensating with the other hand”, while overlooking causalgia (an intense pain syndrome caused by peripheral nerve damage) and loss of fine motor skills. The lawyers’ task was to translate the patient’s clinical pain into legally incontrovertible measurements, figures and degrees.
Prikhodko & Partners’ strategy: succeeding through objective standards
- Recording the functional limitation in degrees and scores. We arranged additional examinations by specialist orthopaedic traumatologists and neurologists. The angles of restricted range of motion in the limb joints were precisely measured using goniometry, muscle strength was documented through dynamometry, and the presence of chronic neuropathic pain was confirmed.
- Building the evidence base under Resolution of the Cabinet of Ministers of Ukraine No. 1338. Our lawyers demonstrated that the persistent musculoskeletal pathology resulted in persistent moderate functional impairments that directly limited the serviceman’s daily functioning and ability to work and required medical and social rehabilitation measures.
- Protecting the causal connection. Due to the lawyer’s presence during the assessment, we ensured preservation of the wording concerning the cause of disability: “Wound (concussion, injury, mutilation), YES, connected with the defence of the Motherland” according to the Military Medical Commission conclusion, which serves as the basis for receiving the relevant payments and compensation.
- Legal representation. The expert team’s consideration of the case was conducted under full legal supervision, preventing the diagnoses from being understated or an unjustified refusal from being issued.
Thanks to the preparation of a correct and complete set of documents, the Expert Team made a lawful decision, namely: Group III disability status was established for a period of 1 year, and the cause of disability was recorded as “Wounds sustained during the defence of the Motherland”.
In addition, the mandatory Individual Rehabilitation Programme (IRP) was prepared: the client received a state referral for social and medical rehabilitation services.
As a result, the defender obtained official status enabling him to apply for a one-time financial assistance payment, a military disability pension and a package of state benefits.
Comparative table of the case
| Indicator | When applying independently | With a Prikhodko & Partners lawyer |
|---|---|---|
| Assessment of injuries | Formal review without taking into account contracture (restricted joint mobility where the joint cannot be fully bent or straightened) and causalgia (pain syndrome) | Full documentation of the functional musculoskeletal deficit (goniometry — measurement of the angles and range of active and passive joint movements) |
| Causal connection | Risk of substitution with “general disease” or delays | 100% confirmation of connection with the defence of the Motherland based on the Military Medical Commission conclusion |
| Outcome of the assessment | Refusal or understatement of the degree of loss of working capacity | Official establishment of Group III disability status and receipt of a rehabilitation plan |
Have you been injured or faced a refusal from the expert team?
Medical bureaucracy should not stand between a defender of Ukraine and their lawful rights. Prikhodko & Partners provides comprehensive legal support: from auditing military medical documents to personal representation during the Expert Team Assessment and appealing unfair decisions.
Were you injured while defending Ukraine or have you encountered difficulties during the Expert Team Assessment? Submit a request — the medical law attorneys at Prikhodko & Partners will review the documents and provide legal support for your case.
Юридичні послуги для медичного бізнесу та лікарів
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