Vitaliy Rusakov, the head of the surgical department at the Odrex clinic, who is accused of improper performance of professional duties by a medical worker that could have caused grave consequences for a patient and led to the death of businessman Adnan Kivan, has violated a court order prohibiting him from practicing medicine at the medical facility. Furthermore, he treats patients outside the clinic and fails to record data about this in their medical records, UNN reports.
Violation of a court ban
On his Facebook page, on the eve of a court hearing where a preventive measure was to be chosen and a motion for his repeated suspension from office was to be considered, Rusakov pretentiously announced that he had returned to treating patients since April. He even calculated that during this time he had performed 45 surgical interventions at "Odrex."
However, the accused surgeon remained silent about the fact that, by court decision, he had been suspended from the positions of surgeon, endoscopist, and head of the surgical department until May 22. Thus, Rusakov confessed to the entire country that he had violated the court's decision and clearly did not care about the Ukrainian Themis.
During a session of the Kyiv District Court of Odesa, which took place on Friday, June 12, the prosecutor emphasized that this is not just a violation of a court ban. According to the prosecution, there is a risk that Rusakov could influence witnesses in the criminal proceedings among the medical staff of the "Odrex" clinic, as he returned to medical practice in the same positions of surgeon, endoscopist, and head of surgery that he held at the time of the businessman's death.
Moreover, according to law enforcement, Rusakov not only operates at Odrex despite the court ban, but he also treats patients outside the hospital and does not enter data about his manipulations into the patients' medical records.
The pre-trial investigation established that the accused Rusakov carries out medical treatment practice outside the medical facility LLC "Dim Medytsyny" while being present at the specified medical facility, without entering the relevant information about the medical manipulations he performed into the medical records,
Such behavior by the accused may indicate new crimes or an attempt to conceal them. After all, if something goes wrong due to the treatment provided by Rusakov, it will be extremely difficult for the patient or their relatives to prove it without medical documentation.
Is the death of a patient not a serious crime?
Rusakov's defense attorney insisted in court that the crime the doctor is charged with—namely, improper performance of professional duties by a medical worker that could have caused grave consequences for a patient and led to the death of businessman Adnan Kivan—is a non-serious crime. In his opinion, such crimes should be resolved within a civil court process involving insurance, without criminal prosecution.
The lawyer also noted that Rusakov was suspended from medical practice at LLC "Dim Medytsyny," under which the "Odrex" clinic was previously registered. However, it is worth recalling that after the businessman's death within the clinic's walls, the owners quickly re-registered it to another company—LLC "Medical House "Odrex." Thus, the manipulation with the LLCs allegedly allowed Rusakov to legally return to medical practice.
The defense attorney did not even hesitate to mention that Rusakov has several dozen operations scheduled at the Odrex clinic.
At the same time, during his speech in court, Rusakov confirmed that he understands the court has prohibited him from treating patients.
"The court ordered me to fulfill certain duties—not to work, not to communicate with witnesses..." he said. At the same time, the doctor continued to manipulate, noting that the court ban applies to LLC "Dim Medytsyny" and not to the new company to which the clinic was quickly re-registered.
Thus, he tried to convince the court that he was complying with the court's decision to ban him from working, even though he continues to operate at "Odrex."
As a reminder
On June 12, the Kyiv District Court of Odesa chose preventive measures in the form of a personal recognizance until August 12 inclusive for doctors of the Odesa private clinic Odrex, Vitaliy Rusakov and Maryna Belotserkovska, who are accused of improper performance of professional duties by a medical worker that could have caused grave consequences for a patient and led to the death of businessman Adnan Kivan. The court also suspended Rusakov from his position at LLC "Medical House "Odrex."