Publication date: 02.04.2025
My name is Daria Yeremenko, I am a lawyer from Kyiv. I specialize in providing advice on obtaining a disability and appealing against the decision of the MSEC, recovering material compensation for physical and moral damage; assistance in collecting evidence on the fact of medical error, negligence on the part of medical of the medical staff.
Service: Legal support for obtaining the LCC conclusion
Case: № 528/9124/25
Client's inquiry: A senior woman approached us, who due to serious health issues had significant limitations in her daily activities. She could not move independently, required medical aids such as a wheelchair, and constant care from her son. Her physical condition prevented her from performing even basic everyday functions without external help. This created significant difficulties in maintaining a normal lifestyle, as the woman needed both continuous help in daily tasks and medical care.
When she approached her family doctor for a referral to the medical consultation commission (LCC), she was refused. The medical staff justified this by stating that the LCC conclusion could only be issued to individuals who already had a disability group. According to their version, in order to undergo the commission, the patient would have to be officially recognized as disabled, and only then could the possibility of issuing the LCC conclusion be considered.
Given that the refusal was not justified by medical or legal norms, the client sought legal assistance to resolve the situation and obtain the necessary medical conclusion.
Legal strategy:
Analysis of documents and circumstances
- All available medical examinations of the client were evaluated, including the conclusions of specialists and the analysis of the limitations of daily activities that she had due to her severe physical condition. All documents confirming the need for social care and assistance were thoroughly examined, as well as the physical and psychological limitations that prevented the client from leading a fully independent life.
- The legal grounds for obtaining an LCC conclusion without having a disability were determined. It was found that Ukrainian legislation allows the issuance of an LCC conclusion even without the prior establishment of a disability group if the person has serious health problems that limit their ability to live independently.
Preparation of arguments to challenge the refusal
- Well-grounded legal arguments were prepared regarding the illegality of the refusal to issue a referral to the LCC. Since the legislation does not require the presence of a disability group as a prerequisite for obtaining an LCC conclusion, an appeal was prepared to the doctor, detailing the legal norms and grounds for making a decision in favor of the patient.
- Letters were also prepared to health authorities and relevant medical institutions to clarify the situation and the next steps regarding the legal correctness of the refusal.
Process of obtaining the LCC conclusion
- A full medical examination was organized, during which all the client’s limitations in daily activities were documented, confirming the need for constant care. The examination included consultations with a wide range of specialists, including cardiologists, neurologists, and others, who confirmed the client’s health condition and assessed the level of her functional limitations.
- The legal need for the issuance of a conclusion about the need for care was justified, even if the patient did not have an official disability status. It was demonstrated that the absence of such a status should not be an obstacle to receiving medical conclusions and social care assistance.
- Consultants from narrow-profile specialists were involved, who provided additional recommendations and confirmed the client's health condition. Their conclusions became crucial for the further resolution of the situation.
- A well-argued request was sent to the family doctor for a referral to the LCC. The request detailed the legal grounds for such a referral and the requirements set out by the relevant regulations.
Result:
After providing legal arguments and medical documents, the client successfully passed the medical consultation commission’s examination. The commission made a positive decision, recognized the client's health condition as requiring social care, and officially confirmed her need for constant assistance.
The LCC conclusion in Form 080/2-o was obtained, confirming that the client requires social care on a non-professional basis. This decision became the basis for further arrangement of appropriate social services.
Legal support enabled the client to obtain the necessary LCC conclusion, which is a key document for the arrangement of social care services. This allowed her to access support and ensure proper care, as well as solve her life needs. If you are refused medical conclusions without proper grounds, we will help defend your rights and provide the necessary support at all stages of the process. Contact us for a consultation! Our lawyers will help you navigate through complicated situations, protect your interests, and ensure access to necessary medical services.
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