Introduction
To determine the severity of harm caused to human health, the presence of one Medical criterion is sufficient.
If there are several Medical criteria, the severity of harm caused to human health is determined by the criterion that corresponds to the greater severity of the harm.
The severity of harm caused to human health in the presence of several injuries resulting from repeated traumatic impacts (including during the provision of medical care) is determined separately for each such impact.
If multiple injuries mutually aggravate each other, the severity of the harm caused to human health is determined based on their totality.
Serious harm to health
Harm to health, dangerous to human life, creating a direct threat to life
Wound of the head (scalp, eyelid and periorbital region, nose, ear, cheek and temporomandibular region, other areas of the head), penetrating into the cranial cavity, including without damage to the brain; (clause 6.1.1)
Fracture of the vault (frontal, parietal bones) and (or) base of the skull: cranial fossa (anterior, middle or posterior) or occipital bone, or upper wall of the orbit, or ethmoid bone, or sphenoid bone, or temporal bone, with the exception of an isolated external crack bone plate of the cranial vault and fractures of the facial bones: nose, lower wall of the orbit, lacrimal ossicle, zygomatic bone, upper jaw, alveolar process, palatine bone, lower jaw; (clause 6.1.2)
Intracranial injury: crushing of the brain substance; diffuse axonal brain damage; severe brain contusion; traumatic intracerebral or intraventricular hemorrhage; moderate cerebral contusion or traumatic epidural, or subdural, or subarachnoid hemorrhage in the presence of cerebral, focal and brain stem symptoms; (clause 6.1.3)
Wound of the neck penetrating into the lumen of the pharynx or larynx, or the cervical trachea, or the cervical esophagus; injury to the thyroid gland; (clause 6.1.4)
Fracture of the cartilages of the larynx: thyroid or cricoid, or arytenoid, or epiglottis, or corniculate, or tracheal cartilages; (clause 6.1.5)
Fracture of the cervical spine: fracture of the body or bilateral fracture of the arch of the cervical vertebra, or fracture of the tooth of the II cervical vertebra, or unilateral fracture of the arch of the I or II cervical vertebrae, or multiple fractures of the cervical vertebrae, including without dysfunction of the spinal cord; (clause 6.1.6)
Dislocation of one or more cervical vertebrae; traumatic rupture of the intervertebral disc at the level of the cervical spine with compression of the spinal cord; (clause 6.1.7)
Contusion of the cervical spinal cord with impairment of its function; (clause 6.1.8)
A wound of the chest penetrating into the pleural cavity or into the pericardial cavity, or into the mediastinal tissue, including without damage to internal organs; (clause 6.1.9)
Closed damage (crushing, avulsion, rupture) of the organs of the thoracic cavity: the heart or lung, or the bronchi, or the thoracic trachea; traumatic hemopericardium or pneumothorax, or hemothorax, or hemopneumothorax; diaphragm or lymphatic thoracic duct, or thymus gland; (clause 6.1.10)
Multiple bilateral rib fractures with disruption of the anatomical integrity of the chest frame or multiple unilateral rib fractures along two or more anatomical lines with the formation of a movable section of the chest wall like a “rib valve”; (clause 6.1.11)
Fracture of the thoracic spine: fracture of the body or arch of one thoracic vertebra with dysfunction of the spinal cord, or several thoracic vertebrae; (clause 6.1.12)
Dislocation of the thoracic vertebra; traumatic rupture of the intervertebral disc in the thoracic region with compression of the spinal cord; (clause 6.1.13)
Contusion of the thoracic spinal cord with impairment of its function; (clause 6.1.14)
Abdominal wound penetrating into the abdominal cavity, including without damage to internal organs; (clause 6.1.15)
Closed injury (crushing, avulsion, rupture): abdominal organs - spleen or liver, and/or gall bladder, or pancreas, or stomach, or small intestine, or colon, or rectum, or greater omentum, or mesentery colon and (or) small intestine; retroperitoneal organs - kidney, adrenal gland, ureter; (clause 6.1.16)
A wound of the lower back and (or) pelvis penetrating into the retroperitoneal space, with damage to the organs of the retroperitoneum: kidney or adrenal gland, or ureter, or pancreas, or the descending and horizontal part of the duodenum, or the ascending and descending colon; (clause 6.1.17)
Fracture of the lumbosacral spine: body or arch of one or more lumbar and (or) sacral vertebrae with cauda equina syndrome; (clause 6.1.18)
Dislocation of the lumbar vertebra; traumatic rupture of the intervertebral disc in the lumbar, lumbosacral region with cauda equina syndrome; (clause 6.1.19)
Contusion of the lumbar spinal cord with cauda equina syndrome; (clause 6.1.20)
Damage (crushing, avulsion, rupture) of the pelvic organs: open and (or) closed damage to the bladder or the membranous part of the urethra, or the ovary, or the uterine (fallopian) tube, or the uterus, or other pelvic organs (prostate, seminal vesicles, vas deferens); (clause 6.1.21)
A wound to the wall of the vagina or rectum, or perineum, penetrating into the cavity and (or) pelvic tissue; (clause 6.1.22)
Bilateral fractures of the anterior pelvic semi-ring with disruption of continuity: “butterfly”-type fractures of both pubis and both ischiums; fractures of the pelvic bones with disruption of the continuity of the pelvic ring in the posterior section: vertical fractures of the sacrum, ilium, isolated ruptures of the sacroiliac joint; fractures of the pelvic bones with disruption of the continuity of the pelvic ring in the anterior and posterior sections: unilateral and bilateral vertical fractures of the anterior and posterior sections of the pelvis on one side (Malgenya fracture); diagonal fractures - vertical fractures in the anterior and posterior parts of the pelvis on opposite sides (Vollumier fracture); various combinations of bone fractures and ruptures of the pelvic joints in the anterior and posterior sections; (clause 6.1.23)
A wound penetrating the spinal canal of the cervical or thoracic, or lumbar, or sacral spine, including without damage to the spinal cord and cauda equina; (clause 6.1.24)
Open or closed spinal cord injury: complete or incomplete interruption of the spinal cord; spinal cord crush; (clause 6.1.25)
Damage (rupture, avulsion, dissection, traumatic aneurysm) of large blood vessels: aorta or carotid artery (common, external, internal), or subclavian, or axillary, or brachial, or iliac (common, external, internal), or femoral, or popliteal arteries and (or) accompanying main veins; (clause 6.1.26)
Blunt trauma of reflexogenic zones: the larynx area, the carotid sinus area, the solar plexus area, the external genital area in the presence of clinical and morphological data; (clause 6.1.27)
Thermal or chemical, or electrical, or radiation burns of III - IV degree, exceeding 10% of the body surface; third degree burns exceeding 15% of the body surface; second degree burns exceeding 20% of the body surface; burns of a smaller area, accompanied by the development of burn disease; burns of the respiratory tract with symptoms of edema and narrowing of the glottis; (clause 6.1.28)
Frostbite of III - IV degree with an affected area exceeding 10% of the body surface; frostbite of the third degree with an affected area exceeding 15% of the body surface; frostbite of the second degree with an affected area exceeding 20% of the body surface; (clause 6.1.29)
Radiation injuries, manifested by acute radiation sickness of severe and extremely severe degrees. (clause 6.1.30)
Harm to health that is dangerous to human life, causing a disorder of the vital functions of the human body, which cannot be compensated by the body on its own and usually ends in death
Shock of severe (III - IV) degree; (clause 6.2.1)
Coma II - III degree of various etiologies; (clause 6.2.2)
Acute, profuse or massive blood loss; (clause 6.2.3)
Acute cardiac and (or) severe vascular failure, or severe cerebrovascular accident; (clause 6.2.4)
Acute renal or acute liver, or severe acute adrenal insufficiency, or acute pancreatic necrosis; (clause 6.2.5)
Severe acute respiratory failure; (clause 6.2.6)
Purulent-septic condition: sepsis or peritonitis, or purulent pleurisy, or phlegmon; (clause 6.2.7)
Disorder of regional and (or) organ circulation, leading to infarction of an internal organ or gangrene of a limb; embolism (gas, fat, tissue, or thromboembolism) of blood vessels in the brain or lungs; (clause 6.2.8)
Acute poisoning by chemical and biological substances of medical and non-medical use, including drugs or psychotropic drugs, or hypnotics, or drugs acting primarily on the cardiovascular system, or alcohol and its surrogates, or technical fluids, or toxic metals, or toxic gases, or food poisoning causing a life-threatening condition listed in paragraphs 6.2.1 - 6.2.8 of the Medical Criteria; (clause 6.2.9)
Various types of mechanical asphyxia; consequences of general exposure to high or low temperature (heatstroke, sunstroke, general overheating, hypothermia); consequences of exposure to high or low atmospheric pressure (barotrauma, decompression sickness); consequences of exposure to technical or atmospheric electricity (electrical injury); consequences of other forms of adverse effects (dehydration, exhaustion, overexertion of the body), causing a life-threatening condition given in paragraphs 6.2.1 - 6.2.8 of the Medical Criteria. (clause 6.2.10)
Significant permanent loss of general ability to work by at least one third (persistent loss of general ability to work over 30 percent).
The following injuries are considered to be serious harm to health, causing a significant permanent loss of general ability to work by at least one third, regardless of the outcome and the provision (failure) of medical care:
Open or closed fracture of the humerus: intra-articular (humeral head) or periarticular (anatomical neck, sub- and transtubercular), or surgical neck or diaphysis of the humerus; (clause 6.11.1)
open or closed fracture of the bones that make up the elbow joint; (clause 6.11.2)
open or closed fracture-dislocation of the bones of the forearm: fracture of the ulna in the upper or middle third with dislocation of the head of the radius (Montagia fracture-dislocation) or fracture of the radius in the lower third with dislocation of the head of the ulna (Galeazzi fracture-dislocation); (clause 6.11.3)
open or closed fracture of the acetabulum with displacement; (clause 6.114)
open or closed fracture of the proximal femur: intra-articular (fracture of the head and neck of the femur) or extra-articular (intertrochanteric, pertrochanteric fractures), with the exception of isolated fractures of the greater and lesser trochanters; (clause 6.11.5)
open or closed fracture of the femoral diaphysis; (clause 6.11.6)
open or closed fracture of the bones that make up the knee joint, with the exception of the patella; (clause 6.11.7)
open or closed fracture of the tibial diaphysis; (clause 6.11.8)
open or closed fracture of the ankles of both tibias in combination with a fracture of the articular surface of the tibia and rupture of the distal tibiofibular syndesmosis with subluxation and dislocation of the foot; (clause 6.11.9)
compression fracture of two or more adjacent vertebrae of the thoracic or lumbar spine without dysfunction of the spinal cord and pelvic organs; (clause 6.11.10)
open dislocation of the shoulder or forearm, or hand, or thigh, or leg, or foot with rupture of the ligamentous apparatus and joint capsule. (clause 6.11.11)
Persistent loss of general ability to work in other cases is determined in percentages divisible by five, in accordance with the Table of percentages of permanent loss of general ability to work as a result of various injuries, poisonings and other consequences of external causes, attached to these Medical criteria.
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Approved by order of the Ministry of Health of the Russian Federation
dated 04/24/2008 (ed. 01/18/2012)
Order N 194n
TABLE OF CONTENTS
Serious harm to health - P. Order N 194n medical criteria for serious harm to health — clause 6.1 Order N 194n harm dangerous to human life — clause 6.2 Order No. 194n harm causing a life-threatening condition - clause 6.3 Order N 194n loss of vision — clause 6.4 Order N 194n loss of speech — clause 6.5 Order N 194n hearing loss - clause 6.6 Order N 194n organ loss - clause 6.7 Order N 194n termination of pregnancy - clause 6.8 Order No. 194n mental disorder in a causal relationship - clause 6.11 Order N 194n loss of general ability to work above 30% - clause 6.12 Order N 194n complete loss of professional ability to work Average harm to health - P. Order N 194n medical criteria for moderate harm to health — clause 7.1 Order N 194n long-term health disorder for more than 21 days — clause 7.2 Order N 194n loss of general ability to work from 10 to 30% Minor harm to health - P. Order N 194n medical criteria for minor harm to health - clause 8.1 Order N 194n short-term disorder up to 21 days — clause 8.2 Order N 194n minor loss of general ability to work 10% Damage that does not cause harm to health - P. Order N 194n damages that do not cause harm to health - P. Order N 194n permanent loss is an irreversible loss of functions Disfigurement - clause 6.10 Order No. 194n disfigurement is determined by the court - clause 6.10 Order N 194n examination only the fact of indelibility - clause 6.10 Order N 194n indelible is not disappearing on its own |
Medical criteria for determining the severity of harm caused to human health
1) These Medical criteria for determining the severity of harm caused to human health (hereinafter referred to as the Medical Criteria) were developed in accordance with the Government Decree of August 17, 2007. № 522
“On approval of the Rules for determining the severity of harm caused to human health” (hereinafter referred to as the Rules).
2) Medical criteria are a medical characteristic of qualifying characteristics
, which are used to determine the severity of harm caused to human health during a forensic medical examination on the basis of a court ruling, a ruling of a judge, a person conducting an inquiry, an investigator:
- in civilian
- administrative.
- and criminal proceedings.
3) Medical criteria are used to assess injuries discovered during a forensic medical examination of a living person, examination of a corpse and its parts, as well as during forensic medical examinations based on case materials and medical documents.
4) The severity of harm caused to human health is determined in accordance with the Rules
and
Medical criteria
by a doctor - a forensic medical expert of a medical institution or an individual entrepreneur who has special knowledge and is licensed to carry out medical activities, including work (services) on forensic medical examination (hereinafter referred to as the expert), engaged to carry out the examination in the manner established legislation.
5) Harm caused to human health is understood as a violation of the anatomical integrity and physiological function of human organs and tissues as a result of exposure to physical, chemical, biological and psychogenic environmental factors (clause of the Rules)
II). Medical criteria for qualifying signs of severity of harm to health
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Rules No. 522 qualifying signs - grievous harm
Serious harm to health
6) Medical criteria for qualifying features in relation to grievous harm
health are:
6.1) Harm to health that is dangerous to human life, which by its nature directly poses a threat to life, as well as harm to health that has caused the development of a life-threatening condition (hereinafter referred to as harm to health that is dangerous to human life).
Harm to health, dangerous to human life, creating a direct threat to life:
6.1.1) wound of the head (scalp, eyelid and periorbital region, nose, ear, cheek and temporomandibular region, other areas of the head), penetrating into the cranial cavity, including without damage to the brain.
6.1.2) fracture of the vault (frontal, parietal bones) and (or) the base of the skull: the cranial fossa (anterior, middle or posterior) or the occipital bone, or the upper wall of the orbit, or the ethmoid bone, or the sphenoid bone, or the temporal bone, beyond with the exception of an isolated crack in the external bony plate of the cranial vault and fractures of the facial bones: nose, lower wall of the orbit, lacrimal ossicle, zygomatic bone, upper jaw, alveolar process, palatine bone, lower jaw.
6.1.3) intracranial injury: crushing of the brain substance. diffuse axonal brain damage. severe brain contusion. traumatic intracerebral or intraventricular hemorrhage. moderate cerebral contusion or traumatic epidural, or subdural, or subarachnoid hemorrhage in the presence of cerebral, focal and brain stem symptoms.
6.1.4) a neck wound penetrating into the lumen of the pharynx or larynx, or the cervical trachea, or the cervical esophagus. injury to the thyroid gland.
6.1.5) fracture of the cartilages of the larynx: thyroid or cricoid, or arytenoid, or epiglottis, or corniculate, or tracheal cartilages.
6.1.6) fracture of the cervical spine: fracture of the body or bilateral fracture of the arch of the cervical vertebra, or fracture of the tooth of the II cervical vertebra, or unilateral fracture of the arch of the I or II cervical vertebrae, or multiple fractures of the cervical vertebrae, including without dysfunction of the spinal cord.
6.1.7) dislocation of one or more cervical vertebrae. traumatic rupture of the intervertebral disc at the level of the cervical spine with compression of the spinal cord.
6.1.8) contusion of the cervical spinal cord with impairment of its function.
6.1.9 a chest wound penetrating into the pleural cavity or the pericardial cavity, or into the mediastinal tissue, including without damage to internal organs.
6.1.10) closed damage (crushing, tearing, rupture) of the organs of the thoracic cavity: heart or lung, or bronchi, or thoracic trachea. traumatic hemopericardium or pneumothorax, or hemothorax, or hemopneumothorax. diaphragm or lymphatic thoracic duct, or thymus gland.
6.1.11) multiple bilateral fractures of the ribs with a violation of the anatomical integrity of the chest frame or multiple unilateral fractures of the ribs along two or more anatomical lines with the formation of a mobile section of the chest wall like a “rib valve”.
6.1.12) fracture of the thoracic spine: fracture of the body or arch of one thoracic vertebra with dysfunction of the spinal cord, or several thoracic vertebrae.
6.1.13) dislocation of the thoracic vertebra. traumatic rupture of the intervertebral disc in the thoracic region with compression of the spinal cord.
6.1.14) contusion of the thoracic spinal cord with impairment of its function.
6.1.15) abdominal wound penetrating into the abdominal cavity, including without damage to internal organs.
6.1.16) closed injury (crushing, avulsion, rupture): of the abdominal organs - spleen or liver, and/or gall bladder, or pancreas, or stomach, or small intestine, or colon, or rectum, or large intestine omentum, or mesentery of the large and (or) small intestine. organs of the retroperitoneal space - kidneys, adrenal gland, ureter.
6.1.17) a wound of the lower back and (or) pelvis penetrating into the retroperitoneal space, with damage to the organs of the retroperitoneum: kidney or adrenal gland, or ureter, or pancreas, or the descending and horizontal part of the duodenum, or the ascending and descending colon .
6.1.18) fracture of the lumbosacral spine: the body or arch of one or more lumbar and (or) sacral vertebrae with cauda equina syndrome.
6.1.19) dislocation of the lumbar vertebra. traumatic rupture of the intervertebral disc in the lumbar, lumbosacral region with cauda equina syndrome.
6.1.20) contusion of the lumbar spinal cord with cauda equina syndrome.
6.1.21) damage (crushing, tearing, rupture) of the pelvic organs: open and (or) closed damage to the bladder or the membranous part of the urethra, or the ovary, or the uterine (fallopian) tube, or the uterus, or other pelvic organs (prostate gland) , seminal vesicles, vas deferens).
6.1.22) a wound to the wall of the vagina or rectum, or perineum, penetrating into the cavity and (or) pelvic tissue.
6.1.23) bilateral fractures of the anterior pelvic semi-ring with disruption of continuity: “butterfly”-type fractures of both pubis and both ischiums. fractures of the pelvic bones with disruption of the continuity of the pelvic ring in the posterior part: vertical fractures of the sacrum, ilium, isolated ruptures of the sacroiliac joint. fractures of the pelvic bones with disruption of the continuity of the pelvic ring in the anterior and posterior sections: unilateral and bilateral vertical fractures of the anterior and posterior sections of the pelvis on one side (Malgenya fracture). diagonal fractures - vertical fractures in the anterior and posterior parts of the pelvis on opposite sides (Vollumier fracture). various combinations of bone fractures and ruptures of the pelvic joints in the anterior and posterior sections.
6.1.24) a wound penetrating the spinal canal of the cervical or thoracic, or lumbar, or sacral spine, including without damage to the spinal cord and cauda equina.
6.1.25) open or closed injury to the spinal cord: complete or incomplete interruption of the spinal cord. spinal cord crush.
6.1.26) damage (rupture, separation, dissection, traumatic aneurysm) of large blood vessels: aorta or carotid artery (common, external, internal), or subclavian, or axillary, or brachial, or iliac (common, external, internal), or femoral or popliteal arteries and (or) accompanying main veins.
6.1.27) blunt trauma of reflexogenic zones: the larynx area, the carotid sinus area, the solar plexus area, the external genital area in the presence of clinical and morphological data.
6.1.28) thermal or chemical, or electrical, or radiation burns of III - IV degrees, exceeding 10% of the body surface. third degree burns exceeding 15% of the body surface. Second degree burns exceeding 20% of the body surface. burns of a smaller area, accompanied by the development of burn disease. burns of the respiratory tract with symptoms of edema and narrowing of the glottis.
6.1.29) frostbite of III - IV degree with an affected area exceeding 10% of the body surface. frostbite of the third degree with an affected area exceeding 15% of the body surface. frostbite of the second degree with an affected area exceeding 20% of the body surface.
6.1.30) radiation injuries, manifested by acute radiation sickness of severe and extremely severe degrees.
6.2) Harm to health, dangerous to human life, causing a disorder of the vital functions of the human body, which cannot be compensated by the body on its own and usually ends in death (hereinafter referred to as a life-threatening condition):
6.2.1) severe shock (III - IV) degree.
6.2.2) coma II - III degree of various etiologies.
6.2.3) acute, profuse or massive blood loss.
6.2.4) acute cardiac and (or) severe vascular failure, or severe cerebrovascular accident.
6.2.5) acute renal or acute liver, or severe acute adrenal insufficiency, or acute pancreatic necrosis.
6.2.6) severe acute respiratory failure.
6.2.7) purulent-septic condition: sepsis or peritonitis, or purulent pleurisy, or phlegmon.
6.2.8) disorder of regional and (or) organ circulation, leading to infarction of an internal organ or gangrene of a limb. embolism (gas, fat, tissue, or thromboembolism) of blood vessels in the brain or lungs.
6.2.9) acute poisoning with chemical and biological substances of medical and non-medical use, including drugs or psychotropic drugs, or hypnotics, or drugs acting primarily on the cardiovascular system, or alcohol and its surrogates, or technical liquids, or toxic metals, or toxic gases, or food poisoning causing a life-threatening condition listed in paragraphs 6.2.1 - 6.2.8 of the Medical Criteria.
6.2.10) various types of mechanical asphyxia. consequences of general exposure to high or low temperature (heatstroke, sunstroke, general overheating, hypothermia). consequences of exposure to high or low atmospheric pressure (barotrauma, decompression sickness). consequences of exposure to technical or atmospheric electricity (electrical trauma). consequences of other forms of adverse effects (dehydration, exhaustion, overexertion of the body), causing a life-threatening condition given in paragraphs 6.2.1 - 6.2.8 of the Medical Criteria.
6.3) Loss of vision - complete permanent blindness in both eyes or such an irreversible condition when, as a result of injury, poisoning or other external influence, a person’s vision has deteriorated, which corresponds to a visual acuity of 0.04 or lower.
Loss of vision in one eye is assessed based on permanent loss of general ability to work.
Post-traumatic removal of one eyeball, which had vision before the injury, is also assessed on the basis of persistent loss of general ability to work.
Determination of the severity of harm caused to a person’s health as a result of the loss of a blind eye is carried out based on the duration of the health disorder.
6.4) Loss of speech - irreversible loss of the ability to express thoughts in articulate sounds that are understandable to others.
6.5) Hearing loss - complete permanent deafness in both ears or such an irreversible condition when a person cannot hear spoken speech at a distance of 3 - 5 cm from the auricle.
Hearing loss in one ear is assessed based on permanent loss of general ability to work.
6.6) Loss of any organ or loss of its functions by an organ:
6.6.1) loss of an arm or leg, i.e. their separation from the body or permanent loss of their functions (paralysis or another condition that excludes their functions). the loss of a hand or foot is equivalent to the loss of an arm or leg.
6.6.2) loss of productive capacity, expressed in men in the ability to copulate or fertilize, in women - in the ability to copulate or conceive, or bear fruit, or bear children.
6.6.3) loss of one testicle.
6.7) Termination of pregnancy - termination of pregnancy, regardless of duration, caused by harm to health, with the development of miscarriage, intrauterine fetal death, premature birth, or necessitating the need for medical intervention.
Termination of pregnancy as a result of diseases of the mother and fetus must be in a direct cause-and-effect relationship with the harm caused to health and should not be due to the individual characteristics of the body of the woman and the fetus (diseases, pathological conditions) that existed before the harm to health.
.
If external reasons determined the need to terminate the pregnancy through medical intervention (uterine curettage, cesarean section, etc.), then these injuries and the resulting consequences are equated to termination of pregnancy and are assessed as grave harm to health
.
6.8) Mental disorder, the occurrence of which must be in a cause-and-effect relationship with the harm caused to health, i.e. be its consequence.
6.9) Drug addiction or substance abuse.
6.10) Permanent facial disfigurement.
The severity of the harm caused to a person’s health, expressed in permanent disfigurement of his face, is determined by the court.
The forensic medical examination is limited only to establishing the indelibility of this damage, as well as its medical consequences in accordance with Medical criteria
.
Indelible changes should be understood as those damage to the face that do not disappear on their own over time (without surgical removal of scars, deformities, facial expression disorders, etc., or under the influence of non-surgical methods) and their elimination requires surgical intervention (for example, cosmetic surgery).
6.11) Significant permanent loss of general ability to work by at least 1/3 (persistent loss of general ability to work over 30%).
The following injuries are considered to be serious harm to health, causing a significant permanent loss of general working capacity of at least 1/3, regardless of the outcome and the provision (failure) of medical care:
6.11.1) open or closed fracture of the humerus: intra-articular (humeral head) or periarticular (anatomical neck, sub- and transtubercular), or surgical neck or diaphysis of the humerus.
6.11.2) open or closed fracture of the bones that make up the elbow joint.
6.11.3) open or closed fracture-dislocation of the bones of the forearm: fracture of the ulna in the upper or middle third with dislocation of the head of the radius (Montagia fracture-dislocation) or fracture of the radius in the lower third with dislocation of the head of the ulna (Galeazzi fracture-dislocation).
6.11.4) open or closed fracture of the acetabulum with displacement.
6.11.5) open or closed fracture of the proximal femur: intra-articular (fracture of the head and neck of the femur) or extra-articular (intertrochanteric, pertrochanteric fractures), with the exception of isolated fractures of the greater and lesser trochanters.
6.11.6) open or closed fracture of the femoral diaphysis.
6.11.7) open or closed fracture of the bones that make up the knee joint, with the exception of the patella.
6.11.8) open or closed fracture of the tibial diaphysis.
6.11.9) open or closed fracture of the ankles of both tibias in combination with a fracture of the articular surface of the tibia and rupture of the distal tibiofibular syndesmosis with subluxation and dislocation of the foot.
6.11.10) compression fracture of two or more adjacent vertebrae of the thoracic or lumbar spine without dysfunction of the spinal cord and pelvic organs.
6.11.11) open dislocation of the shoulder or forearm, or hand, or thigh, or lower leg, or foot with rupture of the ligamentous apparatus and joint capsule.
Persistent loss of general ability to work in other cases is determined in percentages divisible by five, in accordance with the Table of % permanent loss of general ability to work as a result of various injuries, poisonings and other consequences of external causes, attached to these Medical criteria.
6.12) Complete loss of professional ability to work.
Professional work ability is associated with the ability to perform a certain volume and quality of work in a specific profession (specialty) in which the main work activity is carried out.
The degree of loss of professional ability to work is determined in accordance with the Rules for determining the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases, approved by Government Decree No. 789 of October 16, 2000.
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Rules No. 522 qualifying signs of moderate harm
Average harm to health
7) Medical criteria for qualifying signs in relation to moderate severity
harm to health are:
7.1) Temporary dysfunction of organs and (or) systems (temporary disability) lasting more than three weeks (more than 21 days) (hereinafter referred to as long-term health disorder).
7.2) Significant permanent loss
general working capacity by less than 1/3 - permanent loss of general working capacity from 10 to 30% inclusive.
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Rules No. 522 qualifying signs - minor harm
Minor harm to health
Medical criteria for qualifying signs for minor harm
health are:
8.1) Temporary dysfunction of organs and (or) systems (temporary disability) lasting up to three weeks from the moment of injury (up to 21 days inclusive) (hereinafter referred to as short-term health disorder).
8.2) Minor permanent loss
general working capacity - permanent loss of general working capacity of less than 10%.
Do not cause harm to health:
9) Are regarded as damages that do not cause harm to human health:
- superficial injuries, including: abrasion, bruise, soft tissue contusion, including bruise and hematoma,
- superficial wound and other injuries that do not entail short-term health problems or minor permanent loss of general ability to work.
III). Final provisions
10) To determine the severity of harm caused to human health, the presence of one Medical criterion is sufficient.
11) If there are several Medical criteria, the severity of harm caused to human health is determined by the criterion that corresponds to the greater severity of the harm.
12) The severity of harm caused to human health, in the presence of several injuries resulting from repeated traumatic impacts (including during the provision of medical care), is determined separately for each such impact.
13) If multiple injuries mutually aggravate each other, the severity of the harm caused to human health is determined based on their totality.
14) If there are injuries of different ages, the severity of the harm caused to human health by each of them is determined separately.
15) The occurrence of a life-threatening condition must be directly related to the infliction of harm to health, dangerous to human life, and this connection cannot be accidental.
16) Prevention of death due to the provision of medical care should not be taken into account when determining the severity of harm caused to human health.
17) A health disorder consists of a temporary disruption of the functions of organs and (or) organ systems, directly related to damage, disease, pathological condition, causing temporary disability.
18) The duration of dysfunction of organs and (or) organ systems (temporary disability) is established in days based on objective medical data, since the duration of treatment may not coincide with the duration of restriction of the functions of organs and (or) human organ systems. The treatment provided does not exclude the presence of post-traumatic limitation of the functions of organs and (or) organ systems in a living person.
19) Loss of general ability to work with an unfavorable work and clinical prognosis or with a determined outcome, regardless of the duration of the limitation of work ability, or with a duration of health disorder of more than 120 days (hereinafter referred to as permanent loss of general ability to work).
20) Persistent loss of general working capacity consists of irreversible loss of functions in the form of limitation of life activity (loss of a person’s innate and acquired abilities for self-service) and a person’s ability to work, regardless of his qualifications and profession (specialty) (loss of a person’s innate and acquired abilities to act aimed at obtaining socially significant result in the form of a specific product, product or service).
21) In children, the labor prognosis in terms of the possibility of permanent loss of general (professional) ability to work in the future is determined in the same way as in adults, in accordance with these Medical criteria.
22) If there is a need for a special medical examination of a living person, a commission forensic medical examination is carried out with the participation of medical specialists from those medical institutions that have the conditions necessary for its conduct.
23) When conducting a forensic medical examination of a living person who has any disease or damage to a part of the body that was previously lost in whole or in part before an injury, only harm caused to human health caused by the injury and causally related to it is taken into account.
24) Deterioration of a person’s health condition caused by the nature and severity of injury, poisoning, disease, late start of treatment, his age, concomitant pathology and other reasons is not considered as harm to health.
25) Deterioration of a person’s health condition due to a defect in the provision of medical care is considered as causing harm to health.
26) Establishing the severity of harm caused to human health in the cases specified in paragraphs 24 and 25 of the Medical Criteria is also carried out in accordance with the Rules
and
Medical criteria
.
27) The severity of harm caused to human health is not determined if:
— in the process of a medical examination of a living person, studying case materials and medical documents, it is not possible to determine the essence of harm to health.
— at the time of a medical examination of a living person, the outcome of harm to health that is not life-threatening is unclear.
- a living person in respect of whom a forensic medical examination has been ordered has not appeared and cannot be taken for a forensic medical examination, or the living person refuses a medical examination.
- there are no medical documents or they do not contain sufficient information, including the results of instrumental and laboratory research methods, without which it is not possible to judge the nature and severity of the harm caused to human health.
Go to the articles of the Criminal Code on harm to health
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