Current legislation allows the Ministry of Health to conduct unscheduled inspections of medical facilities. In particular, systematic violations that lead to complications or death of a patient can be a reason for such a measure. This opinion was expressed in an exclusive comment to UNN by lawyer Dmytro Kasianenko.
Ministry of Health inspects "Odrex" clinic
The Ministry of Health has launched an unscheduled inspection of the Odrex clinic in Odesa based on a request from the Prosecutor General's Office within the framework of criminal proceedings regarding the death of local businessman Adnan Kivan. According to the investigation, he died as a result of improper treatment at the medical facility.
It is worth noting that after the businessman's death, testimonies from relatives of other "Odrex" victims began to emerge, in which they describe systematic violations, falsification of medical records, and improper treatment at "Odrex."
In addition, during the investigation of the criminal proceedings regarding the patient's death, investigators obtained the conclusion of the clinical and expert assessment of the quality of medical care from the Department of Health of the Odesa Regional State Administration, according to which, among other things, facts of non-compliance by the "Odrex" clinic with legislative requirements for appointing doctors, maintaining medical records in violation of the orders of the Ministry of Health of Ukraine were established. This apparently became the reason to demand an inspection and revoke the clinic's license for violating licensing conditions.
However, the clinic's lawyers consider the unscheduled inspection by the Ministry of Health to be "pressure on business," and the alleged crime of the doctors to be "not serious."
Lawyer Dmytro Kasianenko believes that the Ministry of Health has sufficient grounds to conduct an unscheduled inspection of the clinic.
During martial law, a limited inspection regime is in effect. But current rules allow unscheduled inspections if there is a threat to the life and health of patients. Therefore, systematic violations that lead to complications, death, and complaints from relatives can be a reason to initiate such an inspection.
According to him, an unscheduled inspection of a medical facility is carried out by the Ministry of Health at its own discretion, which is made after an appeal from relatives or other persons, confirmation by facts, and the existence of a threat to people's rights and health. Simple "dissatisfaction with the hospital" is not a reason for an inspection. This requires medical documents, complaints, expert opinions, and recorded cases of violations.
Thus, the very fact of a criminal investigation is obviously a sufficient reason to check whether the activities of the "Odrex" clinic comply with licensing requirements, and not "pressure on business," as the clinic's lawyers try to present the "Odrex" story.
Death at the hands of doctors is a "minor" crime?
In addition, according to Dmytro Kasianenko, the death of a patient as a result of improper medical care can be a crime of medium gravity or particularly grave.
If death occurred unintentionally, due to negligence or incorrect actions of medical personnel, it is usually qualified under Article 140 of the Criminal Code of Ukraine – improper performance of professional duties by a medical worker. Such a crime is considered negligent and belongs to medium gravity, although in terms of its consequences – it is the most severe tragedy for the patient's family.
The sanction for such a crime may include a ban on working in the profession, restriction of liberty, or imprisonment for several years.
If there are reasonable grounds to assume that death was caused not accidentally, but by deliberate actions, for example, there were motives, conflicts, involved interested parties, then we are talking about an intentional crime. Intentional murder is a particularly grave crime, punishable by 10-15 years to life imprisonment.
Recall
The Prosecutor General's Office announced on October 25 that the Main Investigation Department of the National Police is investigating the circumstances of a patient's death after treatment at a medical facility in Odesa. According to media reports, this refers to the death of local businessman and developer Adnan Kivan, who was treated at the "Odrex" clinic from May to October 2024.
The PGO noted that two doctors were notified of suspicion of improper performance of professional duties, which caused the patient's death (Part 1 of Article 140 of the Criminal Code of Ukraine). Later it turned out that these were the head of the surgical department Vitaliy Rusakov and the oncologist Maryna Bielotserkovska. Investigators, based on the conclusions of the examination, believe that the actions of these two doctors caused the patient's death.
The suspected doctors provided him with medical care. As evidenced by the commission forensic medical examination, during the provision of medical care, there was no proper response to signs of complications and no necessary measures were taken for its timely treatment. Experts concluded that medical error, improper performance of their professional duties by doctors due to negligent attitude towards them are in a direct causal link with the onset of the patient's death.
The investigation believes that during the provision of medical care, the medics made significant mistakes, as a result of which the patient developed sepsis, which, against the background of the oncological process, led to death.
According to UNN sources, surgeon Viktor Rusakov did not prescribe antibiotics to the patient after the operation and subsequently ignored obvious symptoms of sepsis. In addition, doctors performed a number of procedures that were contraindicated for the patient at that time. The businessman died in the clinic on October 27, 2024.
Suspects Maryna Bielotserkovska and Viktor Rusakov are under night house arrest and are required to wear an electronic bracelet.
At "Odrex," however, they insist that their doctors are highly qualified specialists and act according to protocols.
The number of victims of "Odrex" doctors is increasing
After Adnan Kivan's death, stories of patients of the Odesa clinic "Odrex" began to emerge one after another – people decided not to remain silent anymore. Those who were afraid to speak publicly for years are now daring to tell stories about how treatment at "Odrex" turned into abuse, professional help – into dangerous experiments, and medicine – into a cold financial calculation to "extract the last" from the patient's family. In the documentary film "Hornet's Nest," relatives of injured and deceased patients tell about their experiences.
One of them is Svitlana Huk, whose husband died at "Odrex." While he was in intensive care, the clinic, according to her, issued bills for 80-90 thousand hryvnias daily. The woman suspects that her husband might have been kept on life support even after clinical death – but not for salvation, but to continue issuing bills. When the woman could no longer pay, she was directly offered to hand over the documents for the apartment so that the clinic's lawyers could quickly sell it. After her husband's death, the clinic did not stop and sued her, demanding an additional 900 thousand hryvnias.
Another patient, Volodymyr, came to "Odrex" for an operation, during which he was likely infected with the bacterium Serratia Marcescens. This bacterium is transmitted through dirty hands or instruments. The clinic did not deny this, stating that "this is intensive care – you can catch anything here." Such a response may indicate that the staff understands that the intensive care unit in the clinic does not meet the stated standards, is not sterile, and that this is a systemic problem, not a one-time incident. The infection affected 85% of Volodymyr's lungs, he was put into a medical coma, and he lost 15 kg. Volodymyr's wife still repeats that her husband "miraculously survived after this treatment."
Khrystyna Totkailo tells about her father, who, at the insistence of "Odrex" doctors, was prescribed aggressive chemotherapy, despite the warnings of Kyiv specialists. She recalls promises that "they will save his voice and larynx," and how her father returned home with virtually no chance of survival. The aggressive treatment, in her opinion, not only did not help – it broke him.
Kateryna Boichuk recalls how she sent her mother to an "expensive clinic with a good reputation," and three weeks later picked up her body. Her mother underwent surgery, but the doctors, according to Kateryna, could never determine the diagnosis. Daily calls at night, confused explanations, endless sums in bills – and death. Kateryna says: "I trusted these doctors, and now I wouldn't even trust them with a cold prescription."
All these stories with different diagnoses, different circumstances, different people have one common feature – the feeling that the lives of patients at "Odrex" are valued much less than the money that can be obtained for "treatment." Victims and families of the deceased speak of medical errors, negligence, cynicism, but above all – of the absence of elementary humanity.
While the investigation continues, more and more people are coming forward with new stories. And each of them sounds like new evidence that the problem is much deeper than individual doctors. The problem, it seems, lies in the very structure of the "Odrex" clinic, which allows such an attitude towards people, their health, and their lives.