A Kyiv court has found an obstetrician-gynecologist at a private clinic guilty of the death of a baby in 2020. According to the Kyiv City Prosecutor's Office, the child died due to the consequences of an untimely cesarean section, UNN reports.
Juvenile prosecutors of the Obolon District Prosecutor's Office in Kyiv managed to prove in court the guilt of an obstetrician-gynecologist at a private clinic in Kyiv, who made a medical error during delivery, which led to the death of a newborn child
The incident reportedly occurred in May 2020. According to the prosecutor's office, during the delivery of a 32-year-old woman, the obstetrician-gynecologist made an incorrect assessment of the fetal CTG monitoring data and made a late decision to perform a cesarean section.
As a result, the newborn child suffered irreversible changes in the central nervous system, from which he died 55 days later. The conclusion of a comprehensive forensic medical examination confirmed the causal link between the doctor's actions and the infant's death
The doctor's actions are qualified under Part 2 of Article 140 of the Criminal Code of Ukraine - improper performance of professional duties by a medical worker, which caused serious consequences for a minor.
During the trial, the defendant did not admit his guilt, and as a result of the tactics chosen by the defense, the trial lasted more than 2 years.
Obolonsky District Court found the doctor guilty and sentenced him to 3 years in prison with a 1-year disqualification to practice medicine. This is the maximum term provided for by this article, the prosecutor's office emphasized.
In addition, according to the court's decision, the private clinic must compensate the woman for non-pecuniary damage in the amount of UAH 1 170,000.
The prosecutor's office also noted that the case law in this category of cases in Ukraine is not extensive. It is difficult to prove the guilt of medical professionals who have made a mistake due to the lack of a clear concept of “medical error” in Ukrainian law.