Two components of the forensic assessment process and severity of nonlife-threatening local musculoskeletal injuries: a review of the article “Controversial issues of the use of medical criteria ‘persistent loss of general working capacity’ in determining the severity of harm caused to human health”

Abstract

In the article, the doctrine of denying a forensic medical assessment of the severity of local injuries of the musculoskeletal system, which are not life-threatening, is considered from a critical position, based on an interdisciplinary approach, without considering the influence of medical care. The article shows the inconsistency, still present among some forensic physicians, of the opinion that determining the severity of harm to health by causing nonlife-threatening injuries without the fact of a determined outcome is allegedly expressed in violation of the basic provisions of the Criminal Code of the Russian Federation. In the context of the topic, the author reasonably points to the two-component essence of the definition of clause 6.11, 194th order of the Ministry of Health and Social Development of Russia of 2008, dated April 24, 2008, N 194n On approval of medical criteria for determining the severity of harm caused to human health. The fundamental explanatory provisions of the conceptual construction of the wording of clause 6.11 are provided in criminal law and medical relations. The author showed that there were no inconsistencies between these components. The presence of a list of medical criteria for harm to health of a similar direction, as in the existing paragraph 6.11, demonstrates the objective need in the updated version of the draft order of the Ministry of Health of Russia On approval of the procedure for determining the severity of harm caused to human health.

Keywords

• corpus delicti
• forensic medical examination
• health care
• local injuries of the musculoskeletal system
• medical criteria for the severity of harm to health
• outcome of injury
• permanent disability