Medical negligence case at Odrex clinic stalled again: defendant doctor's lawyer recuses judge

The new lawyer for surgeon Vitaliy Rusakov, during a court hearing in the case of businessman Adnan Kivan's death, recused the presiding judge Larysa Pereverzieva. The motion to recuse will be heard on April 6 at the Primorsky District Court of Odesa, UNN reports.

Another court hearing took place in the Primorsky District Court of Odesa in the criminal proceedings against doctors Vitaliy Rusakov and Maryna Bielotserkovska, who are accused under Part 1 of Article 140 of the Criminal Code of Ukraine – improper performance of professional duties by a medical worker, which could have caused the death of businessman Adnan Kivan.

According to the investigation, during Adnan Kivan's treatment at the private clinic Odrex, after surgery, the patient was not prescribed mandatory antibacterial therapy and there was no proper reaction to postoperative complications. As a result, sepsis developed, which, according to expert conclusions, could have caused death.

During today's hearing, the new defense lawyer for the accused surgeon Vitaliy Rusakov recused the presiding judge Larysa Pereverzieva. The court accepted the motion for consideration; the motion to recuse the judge will be heard on April 6.

It should be noted that in legal practice, such motions are often regarded as one of the tools for delaying court proceedings, as the hearing of the case on its merits is effectively suspended until such procedural issues are resolved.

Recall

This is not the first time that Vitaliy Rusakov's defense has resorted to actions that may affect the timing of the case and delay it. Previously, signs of process delay were already recorded in this criminal proceeding. In particular, the preparatory meeting was postponed due to the non-appearance of Rusakov's lawyer.

In addition, on the eve of today's court hearing, the accused doctor Vitaliy Rusakov intensified public communication around the process. In particular, he openly criticized the court and its decisions, and also called on fellow doctors to attend the hearings.

In his publications and videos, Rusakov claimed the process was allegedly "closed," although the court had previously ruled on a partially open hearing with broadcast restrictions only during the announcement of patient medical data — which complies with legal requirements for protecting medical confidentiality.

In addition, he published images of the presiding judge Larysa Pereverzieva, accompanied by critical and mocking text. Such rhetoric, along with calls for a "support group" to be present in court, may indicate attempts to pressure the court.