The Kyiv District Court of Odesa has scheduled for consideration on the merits the criminal case of doctors of the private clinic Odrex, Vitalii Rusakov and Maryna Bielotserkovska, who are accused of medical negligence. According to the investigation, the actions or inaction of the doctors could have led to the death of their patient, businessman Adnan Kivan. The first court hearing on the merits will take place on July 3, reports UNN.
Following the preparatory hearing held on July 1, the court granted the prosecutor's motion to involve an oncologist specialist in the proceedings. He will participate in the examination of medical evidence, provide the court with professional explanations on issues requiring special medical knowledge, and help correctly interpret the conclusions of forensic medical examinations, medical documentation, and other evidence related to the provision of medical care to the patient.
The lawyer of the injured party supported the court's decision, noting that the participation of a specialized expert is necessary precisely for an objective examination of the evidence. At the same time, he pointed out that such a decision should have been made much earlier.
"The idea of involving an oncologist for an oncology patient is a very good idea. Unfortunately, it is happening late, but I support it," said the representative of the Kivan family.
In addition, presiding judge Chaplytskyi granted the injured party's motion to hold further hearings in closed session due to the examination of materials containing medical confidentiality.
At the same time, the court refused the defense's request to return the indictment to the prosecutor. Additionally, the court did not grant the motion of Vitalii Rusakov's defense counsel for temporary access to medical documentation from other medical institutions where Adnan Kivan was treated.
After the hearing, the accused Odrex surgeon Vitalii Rusakov publicly criticized the court's decision to hold further hearings in closed session. On his social media, he wrote that the process is supposedly being "hidden from people."
Vitalii Rusakov (left)
It should be noted that the court's decision complies with the requirements of Article 27 of the Criminal Procedure Code of Ukraine, which provides for the possibility of conducting criminal proceedings in a closed court session if an open trial could lead to the disclosure of information protected by law. Since the court proceedings will examine the medical documentation of Adnan Kivan and other information constituting medical confidentiality, the court concluded that further hearings must be held in closed session.
Reminder
The case regarding the circumstances of Adnan Kivan's death has been heard in court for seven months, but the proceedings have been repeatedly postponed due to procedural motions from the defense, absence of lawyers, sick leaves, motions to recuse the judge, and changes in jurisdiction. After the transfer of the case from the Prymorskyi District Court to the Kyiv District Court of Odesa, the preparatory proceedings had to be conducted anew.