On October 8, the Kyiv District Court of Odesa continued hearing the case concerning medical negligence by doctors at the private Odrex clinic, Vitalii Rusakov and Maryna Bielotserkovska. However, the next two hearings, scheduled for October 9 and 13, will not take place due to a motion filed by Maryna Bielotserkovska’s lawyer. The next hearing is scheduled for October 14, UNN reports.
Vitalii Rusakov and Maryna Bielotserkovska are charged under Part 1 of Article 140 of the Criminal Code of Ukraine — improper performance of professional duties by a medical worker. The case concerns the circumstances of businessman Adnan Kivan’s treatment at the private Odrex clinic. According to the investigation, the actions or inaction of the medical workers may have led to the development of postoperative complications and sepsis, which, against the backdrop of the patient’s cancer, could have caused his death. The court must provide a final assessment of the evidence and the issue of the doctors’ guilt.
However, whether the court will manage to reach a decision remains an open question. Due to regular postponements, the hearing of the case is being delayed, while lawyers interviewed by UNN warned of the risk that the statute of limitations could expire.
It should be noted that the hearing in the case also did not take place on October 7. At that time, Bielotserkovska’s defense attorney filed a motion to postpone it. At the same time, one of the lawyers for the accused surgeon Vitalii Rusakov also failed to appear in court.
Let us recall
In September, the court scheduled 13 hearings. Seven of them were postponed or did not take place, including due to motions from the defense. After Rusakov’s lawyers requested the postponement of two consecutive hearings because they were participating in other court proceedings, presiding Judge Viktor Chaplytskyi found the reasons for their absence unjustified and sent the relevant information to the Qualification and Disciplinary Commission of the Bar. It is to assess whether the defense lawyers’ actions show signs of deliberately delaying the proceedings.
Andrii Misiats, acting head of the Higher Qualification and Disciplinary Commission of the Bar, had previously also drawn attention to the possible consequences of lawyers’ systematic nonappearances.
The combination of nonappearances may indicate not an accidental violation, but a certain pattern of behavior by the lawyer and his negligent attitude toward his professional duties