Eight hearings postponed in a row: who is stalling the case concerning medical negligence by Odrex doctors?
Kyiv • UNN
On October 21, the Kyivskyi District Court of Odesa was again unable to hold a hearing in the case concerning medical negligence by Odrex doctors due to the continuation of the sick leave of the accused, Vitaliy Rusakov. The hearing scheduled for October 22 will also not take place. Thus, all three hearings scheduled for this week have been postponed.
On October 21, the Kyivskyi District Court of Odesa once again failed to continue hearing the case concerning medical negligence by doctors at the private Odrex clinic. One of the defendants, Vitalii Rusakov, did not appear in court and filed a motion to postpone the hearing due to the extension of his sick leave. The next hearing is scheduled for October 27, UNN reports.
Details
As a result, the court held none of the three hearings scheduled for the current week. Overall, in October, seven consecutive hearings have already failed to take place because of motions filed by the defense. The eighth hearing, scheduled for October 22, was canceled for the same reason.
According to UNN's sources familiar with the case, the participants in the proceedings expected Vitalii Rusakov to join the court hearing remotely via videoconference. However, this did not happen.
The case concerns criminal proceedings against surgeon Vitalii Rusakov and oncologist Maryna Bielotserkovska, who have been charged under Part 1 of Article 140 of the Criminal Code of Ukraine — improper performance of professional duties by a medical worker that caused grave consequences for a patient.
The case concerns the death of Odesa businessman Adnan Kivan, who died on October 27, 2024, while being treated for cancer at the private Odrex clinic. According to the investigation, after surgery, the doctors may have failed to prescribe the necessary antibacterial therapy to the patient and may have responded inadequately to postoperative complications. This could have led to the development of sepsis, which, against the background of the cancer, may have caused the businessman's death. The defendants do not admit their guilt. The court must provide the final assessment of their actions.
Reminder
The trial in the case concerning medical negligence by Odrex doctors has been ongoing for almost a year. During this time, the proceedings have been accompanied by numerous motions from the defense, motions to recuse judges, and systematic postponements of hearings.
Systematic postponements create a risk that the statute of limitations will expire. Part 1 of Article 140 of the Criminal Code of Ukraine provides, in particular, for up to two years of imprisonment, while the statute of limitations for such an offense is three years. If the actions attributed to the doctors took place in October 2024, the relevant period may expire as early as autumn 2027 in the absence of statutory grounds for its suspension or interruption.
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