Attorney
Medical lawyer. Specializes in protecting the rights of doctors and patients, handling medical malpractice and liability cases, supporting disability determination and appeals procedures, and providing legal analysis of medical documentation.
Establishing the causal relationship between illness, disability and death
Establishing a causal link is the basis for making decisions on the assignment of social guarantees, disability pensions, compensations and other types of state support. This process involves a thorough study of the circumstances under which changes in health occurred, analysis of medical documentation, results of clinical, as well as conclusions of specialized institutions. Below we will consider in more detail how exactly this link is established, who is entitled to such an examination and what criteria are applied.
On the basis of which diseases is a causal relationship established?
The causal relationship between illness, disability or death and the consequences of the Chernobyl disaster is established by authorized medical commissions on the basis of officially approved lists of diseases that have a proven or probable relationship with the effects of ionizing radiation and other factors.
These lists, determined by the Order of the Ministry of Health No. 150, include:
- Diseases of adults that may be a consequence of the disaster;
- Pathologies and conditions of children, the risk of which is increased due to radiation exposure.
The lists include both nosological forms directly related to radiation (for example, thyroid cancer), and diseases with a complex etiology, where the effects of radiation and other harmful factors are combined.
All diagnoses are classified in accordance with the International Classification of Diseases.
Criteria for attributing diseases to the consequences of the Chernobyl accident
Determination of whether a person’s disease, disability or death is a consequence of the Chernobyl disaster is carried out on the basis of:
- The presence of the disease in the List of Diseases.
- The results of a clinical examination.
- The facts of the person’s stay in the radioactive contamination zone.
- Conclusions of specialized medical institutions of the Ministry of Health, Ministry of Defense, Ministry of Internal Affairs or Security Service of Ukraine (with the appropriate license).
Disease groups and procedure for establishing a causal relationship
Group 1
- These are the most serious pathologies, including malignant neoplasms, severe systemic lesions. The expert team conducts a comprehensive assessment, including analyzing the duration of stay in the zone, radiation dose (if any) and all medical evidence.
Group 2
- These are diseases with a proven, but less direct connection with radiation, often chronic conditions, and the diagnosis must be confirmed instrumentally and laboratory.
Group 3
- Characterized by the possible influence of radiation in combination with other factors.
Group 4
- These are mainly background or concomitant diseases that could have been complicated by radiation exposure. For example, vegetative-vascular dystonia, which was recorded in the first years after the accident, is taken into account only up to 1991 inclusive.
How to establish the connection of a disease with Chernobyl?
Regarding persons affected by the Chernobyl NPP, the key is to establish a causal relationship between the state of health and the impact of the consequences of the accident. It will be considered established in the absence of dosimetric data and if:
- it is confirmed during a medical examination in health care institutions;
- in specialized medical organizations licensed by the Ministry of Health.
For minor children and persons who have not received official victim status after reaching the age of 18, but fall under the categories, the same procedure for establishing a causal relationship applies. The right to such establishment is separately recognized for patients with thyroid cancer who have reasonable suspicions of a connection between the disease and radiation exposure.
Who determines the cause of disability, occupational disease?
Today, expert teams for the assessment of everyday functioning of a person (EKOPFO) are engaged in establishing a causal relationship and determining an occupational disease.
How can we help?
If you or your loved ones are faced with the need to establish a causal relationship between illness, disability or death and the impact of harmful factors, our team of medical lawyers at the Law Firm “Prіkhodko and Partners” is ready to provide full legal support at all stages of this procedure.
We help:
- Participants in the liquidation of the consequences of the Chernobyl accident and other victims who need confirmation of the connection;
- Victims of radiation exposure as a result of accidents, man-made incidents or violations of the rules for the operation of equipment with radioactive substances;
- Persons who participated in the liquidation of other nuclear accidents, military exercises using nuclear weapons or routine work with nuclear materials;
- And also to anyone who has reason to believe that the illness or death occurred due to professional, industrial or environmental factors.
Our team provides:
- consultation on the necessary package of documents;
- assistance in obtaining conclusions from expert teams;
- support in interaction with the EKOPFO;
- representation of clients’ interests in cases regarding obtaining victim status, pensions, social payments, compensations, etc.
Do you have any questions? Leave a request on the website and our lawyer will contact you.
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Do you need to establish a causal relationship between illness, disability, and death?
2 question
Do you need to establish a causal relationship between illness, disability, and death and the Chernobyl disaster?
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Do you need help urgently?
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Are you located in Kyiv or Kyiv region?
What to do if I am not in Kyiv?
Medical law covers a very wide range of services, and most of them can be provided remotely – with modern technologies, this is not only possible but also more convenient and efficient. Even court sessions are not an obstacle – we participate in them online.
At the same time, it is possible for a lawyer to travel outside Kyiv and the region to provide certain services.
Contact and clarify information by phone!
How can I get a disability group?
In order to understand whether you can receive a disability group, a lawyer studies your medical documents in detail, consults with specialist doctors, and then concludes whether you have grounds for registering a disability and which group.
If there are grounds, the lawyer gives comprehensive advice on what and how to do to maximize the chances of receiving a positive opinion of the medical board.
If necessary, the lawyer provides full support.
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