Obtaining a forensic medical examination report: an important step toward recognition as a person with a disability as a result of war

Who this material is for

For civilians who have sustained wounds, blast injuries, mutilation or other health damage as a result of explosive ordnance — including missiles, mines, ammunition, cluster munition elements or their fragments — and are subsequently seeking to establish the link between their disability and such injury. Separate procedures apply to military personnel and other special categories.

Important. A forensic medical examination (FME) report does not in itself grant the status of a person with a disability as a result of war. It is an important part of the chain of evidence: event → injury → treatment → health consequences → establishment of disability → confirmation of the link between the disability and an injury caused by explosive ordnance.

Why a forensic medical examination is needed

A forensic medical examination helps establish the nature, location, mechanism of infliction, approximate time and severity of bodily injuries and assess whether they could have occurred under the reported circumstances: as a result of a blast wave, fragments, the effects of ammunition, fire or structural collapse following shelling. The more complete the medical documentation and materials concerning the incident, the lower the risk of receiving a general or incomplete expert report.

How to undergo a forensic medical examination

The most reliable way is within criminal proceedings:

report the incident to the police and ensure that the information is entered into the Unified Register of Pre-Trial Investigations (URPTI);
obtain an extract from the URPTI or at least the criminal proceeding number and the contact details of the investigator, inquiry officer or prosecutor;
submit a written motion requesting the engagement of an expert and a forensic medical examination;
attach copies of medical documents and request that they be added to the case file and forwarded to the expert;
after the examination has been conducted, clarify the procedure for reviewing the expert report or obtaining a copy of it.

A victim's motion requesting a procedural action must be considered by the investigator, inquiry officer or prosecutor within no more than three days and granted where there are sufficient grounds (Article 220 of the Criminal Procedure Code of Ukraine).

What documents to prepare

The materials are officially forwarded to the expert by an authorised person within the criminal proceedings. It is advisable for the victim to provide the investigator or prosecutor with:

initial medical records, hospital discharge summaries and outpatient medical records;
doctors' conclusions, surgical reports, certificates concerning treatment and rehabilitation;
results of CT scans, MRI scans, X-rays and other examinations, including digital media;
documents concerning the date, place and circumstances of the incident: materials from the police, the State Emergency Service of Ukraine (SESU), the military administration or local self-government bodies, photographs, videos and information about witnesses.

Do not provide additional materials to the expert unofficially. Submit them to the investigator or prosecutor together with a written motion requesting that they be added to the criminal proceeding and forwarded to the expert. The expert examines the materials provided but does not collect evidence independently.

What information to provide about the incident

Consistently indicate the date, time and exact location of the incident; the type of shelling or explosive ordnance; where you were at the time; what exactly affected your health; what symptoms appeared immediately; when and where first aid was provided; and what treatment and rehabilitation you received. Significant discrepancies in dates, addresses or the mechanism of injury should be explained and, where possible, supported by documents.

What to check in the forensic medical examination report

Check whether it specifies:

• which medical documents and other materials were examined;

• a full description, location and severity of the injuries;

• the mechanism and approximate time of their infliction;

• whether the injuries are consistent with the reported circumstances of the incident;

• answers to all questions put to the expert.

If the report is incomplete or unclear, submit a motion requesting an additional examination. If it raises reasonable doubts or contradicts the case materials, assess together with a lawyer whether there are grounds for a repeat examination, which is conducted by another expert or another panel of experts.

Common risks

there are no initial medical records, or the circumstances of the injury were not recorded in them;
important examination results and documents concerning the incident have not been added to the criminal proceeding;
the date, location or description of the incident differs significantly across different documents;
the expert was asked only about the severity of the injuries, but not about their mechanism;
a significant delay in seeking medical assistance or reporting the incident to the police is not supported by an explanation or evidence.

A delayed application or an individual inaccuracy does not automatically result in refusal. However, the reasons should be explained and supported by medical documents, witness statements, photographs, video materials or official certificates.

Short sample motion

"I request that an expert be engaged and a forensic medical examination be conducted to establish the nature, location, mechanism of infliction, approximate time and severity of the bodily injuries I sustained as a result of explosive ordnance, as well as whether these injuries are consistent with the circumstances of the incident. I request that the attached medical documents be added to the materials of the criminal proceeding and forwarded to the expert."

Keep a copy of the motion and proof of its submission. In the event of inaction, contact the supervising prosecutor, the head of the pre-trial investigation body or seek legal assistance to assess the possibility of challenging such inaction.

For civilians, a forensic medical examination is not merely a formality but an important element of the evidence. It helps confirm the link between health damage and a specific war-related incident.

The best practical approach is to document the incident, treatment, criminal proceedings and expert findings from the earliest stages. The more consistent the chain of evidence, the lower the risk of difficulties when the documents are reviewed by the competent authorities.

If you need a consultation or assistance with matters related to obtaining the status of a person with a disability as a result of war, you can book an online consultation with a lawyer via this link.

This information material was developed within a project implemented by the NGO "STEP" in cooperation with the Danish Refugee Council (DRC) with funding from the European Union. However, the views and opinions expressed are those of the author alone and do not necessarily reflect the views of the European Union or DRC.