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.
Request for a forensic medical examination
Forensic examination is one of the most important sources of evidence in legal practice. Its results can be decisive for the successful resolution of your case, whether it is a criminal proceeding or a civil suit.
What is a forensic medical examination?
Forensic medical examination is a specialized study, which is conducted by an expert according to the decision of authorized bodies or a court order.
Types of forensic medical examination:
- Examination of living persons:
- Determining the severity of bodily injuries
- Establishing the state of health and working capacity
- Determining the age of a person
- Examination of corpses:
- Establishing the cause of death
- Determination of the time of death
- Identification of the person of the deceased
- Examination of physical evidence:
- Research of biological traces (blood, saliva, hair)
- DNA analysis
- Examination of case materials:
- Analysis of medical documentation
- Assessment of the correctness of the provision of medical care
When might a forensic medical examination be necessary?
- In cases of bodily injury
- If a medical error is suspected
- In cases of compensation for damage to health
- When contesting the results of a medical examination
- In situations related to establishing the causes of death
In some cases, the appointment of a forensic medical examination is mandatory by law.
The process of appointment and examination:
- Initiation of examination (by the investigator, prosecutor, court or at the request of the parties)
- Preparation of materials for examination
- Conducting research by an expert
- Drawing up an expert opinion
- Evaluation of the conclusion by the investigation or the court
Examination periods:
Usually, the examination should be conducted within one month from the date of receipt of all necessary materials. However, in difficult cases, this term can be extended.
Who pays for the forensic examination?
According to the civil procedural legislation, the expenses related to the examination are distributed as follows:
- Payment is the responsibility of the requesting party.
- If the examination is ordered at the joint request of both parties or at the initiative of the court, the costs are divided equally between the parties.
However, the final distribution of court costs, including the examination, may be reviewed by the court when making a final decision on the case. The court can take into account the results of the examination, the conduct of the parties during the process and other factors for a fair distribution of costs.
How to submit a request for a forensic medical examination?
A petition is an official appeal to the court with a request to appoint a forensic medical examination. It can be submitted by the parties to the criminal proceedings, the investigator, the prosecutor or the court on its own initiative.
Key points when drawing up a petition:
- A clear justification of the need for expertise
- Correct qualification of the offence
- Specific questions to the expert
- List of objects for research
Remember that an incorrectly drafted petition can lead to the refusal of an expert examination, which can negatively affect the outcome of your case.
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Legal support
The process of appointing and conducting a forensic medical examination can be difficult and confusing for a person without a legal education. This is why the help of a qualified attorney is critical:
- The correct formulation of questions to the expert: the completeness and accuracy of the conclusion depends on this.
- Choosing a reliable expert or expert institution: an experienced lawyer knows who can be trusted to conduct an examination.
- Adherence to procedural deadlines: missing the deadlines may lead to refusal to appoint an expert.
- Disputing the results of the examination: if you do not agree with the conclusions, the lawyer will help to appoint a repeat or additional examination.
- Interpretation of the results: a lawyer will help you understand the expert’s opinion and use it to your advantage in court.
The team of lawyers of “Prykhodko and Partners” has many years of experience in supporting cases that require a forensic medical examination. We:
- We will help determine the need for an examination in your case
- We will prepare a competent request for the appointment of an examination
- We will monitor compliance with all procedural deadlines
- We will analyze the expert’s opinion and, if necessary, challenge it
- We will use the results of the examination to build a strong legal position in your case
Do not risk the outcome of your case – entrust the work with forensic medical examination to professionals. Fill out the form below to make an appointment for a consultation.
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1 question
Has a forensic examination already been initiated in your case?
2 question
Do you have doubts about the correctness or completeness of the already conducted examination?
3 question
Is there an opposing party in your case who can challenge the results of the examination?
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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