Why the Ethical Code of a Doctor of Ukraine does not apply to Odrex and their surgeon, who is being tried for medical negligence

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Adherence to the Ethical Code of a Doctor of Ukraine in practice remains problematic. The case of the Odrex clinic and surgeon Vitaliy Rusakov demonstrates how medical ethics norms can be ignored, and control by the Ministry of Health remains only on paper.

The Ministry of Health of Ukraine ignores journalists’ questions about the ethical evaluation of actions by the private clinic Odrex and its surgeon Vitaliy Rusakov, who is being tried for medical negligence. This concerns not only the doctor’s PR—he is a defendant in a criminal case under Part 1 of Article 140 of the Criminal Code of Ukraine—but also the public disclosure by him of details of the treatment of a patient whose death became the subject of a court trial. Could the silence of the Ministry of Health in this story be not a bureaucratic pause, but a worrying signal for the entire healthcare system? Read more in the UNN article.

The UNN editorial office sent an official request to the Ministry of Health of Ukraine and the Bioethics Commission asking for an assessment of the actions of the Odrex clinic and surgeon Vitaliy Rusakov. The focus of the request is the compliance of advertising and public communication with the norms of Ethical Code of the Physician of Ukraine.

In particular, the editorial drew attention to the fact that the clinic in its PR videos promotes Dr. Rusakov as a specialist who "saves lives" without informing the audience that he is a defendant in a criminal case under Part 1 of Article 140 of the Criminal Code of Ukraine. In this context, UNN asked the Ministry of Health whether such actions may violate several provisions of the Ethical Code.

Specifically, this concerns: clause 2.7 of the Code, which prohibits a doctor from engaging in unfair advertising; clause 7.2, which establishes that doctors’ media appearances must be ethically impeccable and not contain elements of self-promotion; clause 2.13, which obliges doctors to be honest with patients and society and not allow misleading information; clause 8.1, which states that a doctor must refrain from actions that undermine respect for the medical profession.

Separately, the editorial asked the Ministry to clarify whether the participation of a doctor, who is being tried in a medical negligence case, in advertising without mentioning this fact can be considered unethical communication with patients. As of the publication of this material, the Ministry of Health had not responded to UNN’s request, although it had enough time to prepare a reply.

Meanwhile, Rusakov himself maintains active public communication—specifically, publishing videos and posts commenting on the court proceedings and the circumstances of his deceased patient’s treatment. In his video blogs, the Odrex doctor discloses details of Adnan Kivan’s treatment, including therapy progress and other medical aspects. This is, by nature, not simply the doctor’s media activity, but potentially the public disclosure of confidential medical information.

photo from Vitaliy Rusakov’s Facebook page

At the same time, the Ethical Code of the Physician of Ukraine explicitly states that a doctor is obliged to maintain medical confidentiality even after the patient’s death. The secrecy covers all information obtained during treatment, including diagnosis, treatment methods, and prognosis.

Thus, the situation goes beyond purely the communication policy of the clinic and possible unfair self-promotion by the doctor and directly concerns adherence to the basic principles of medical ethics.

Against this background, the Ministry of Health’s lack of response regarding the ethical assessment of the doctor and clinic may suggest that the regulator is not ready or unwilling to enforce the standards it itself declares.

Moreover, the Ministry’s inaction occurs against the backdrop of scandalscriminal proceedings, and public complaints from patients, which are published by the StopOdrex movement. In this context, the regulator’s silence may indicate a special status for Odrex clinic.

This status may be explained, in particular, by the clinic management’s connections with the Ministry of Health of Ukraine. As previously reported by UNN, the CEO of Odrex, Tigran Arutyunyan, in 2023 joined the Ministry of Health’s working group on the development of private medicine, chaired by Health Minister Viktor Liashko. This working group shapes the state’s approach to integrating private medical institutions into the healthcare system. Such a collaboration format provides direct communication between private medical business representatives and the relevant ministry.

In this context, the Ministry of Health’s lack of a public response to questions regarding the ethics and activities of this clinic may only reinforce doubts about the regulator’s ability to act independently and ensure equal rules for all participants in the healthcare system.

Reminder

The Primorsky District Court of Odesa is currently hearing a criminal case against doctors Vitaliy Rusakov and Maryna Belotserkovska, accused under Part 1 of Article 140 of the Criminal Code of Ukraine—failure to properly perform professional duties by a medical worker, which could have led to the patient’s death.

The court is considering the case on the merits. Within the process, the circumstances of businessman Adnan Kivan’s treatment at the private Odrex clinic are being examined.

According to the prosecution, after surgery the patient did not receive proper antibacterial therapy and there was no timely response to postoperative complications. This could have led to sepsis, which, according to forensic medical experts, could have caused death.

During the trial, the defense filed a motion to disqualify presiding judge Larysa Pereverzeva. The motion was reviewed by another judge and denied, after which the case continued with the same court panel.

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