Operated at Odrex despite a court ban – how the PR of a doctor accused of medical negligence works against him
Kyiv • UNN
The doctor accused of medical negligence at Odrex, Vitaliy Rusakov, publicly stated that he performed 45 operations within the clinic's walls despite a court ban. Experts explain why this could result in new legal risks for the accused.
The accused in the medical negligence case, Odrex doctor Vitaliy Rusakov, stated that over the past few months he has performed 45 surgical interventions at the clinic. At the same time, the medic himself admits that the court imposed on him an obligation not to work and not to contact witnesses in the criminal proceedings. Whether such an admission could have criminal law consequences and why the situation is not limited to a formal violation of the court ruling, UNN investigated.
"The court obliged me to fulfill certain duties – not to work, not to communicate with witnesses," Rusakov stated in court.
At the same time, the doctor is trying to justify his return to the walls of the Odrex operating room by saying that the court ban applied to a specific legal entity. Allegedly, the ruling applied to the LLC "House of Medicine," while he currently carries out medical activities through another structure – LLC "Medical House 'Odrex'."
However, the key issue is not only the formal name of the legal entity. In fact, it is about the same clinic, staff, and position. That is why, when assessing such circumstances, the court may take into account not only the corporate structure of the enterprise but also the real content of the legal relations and possible signs of circumventing the court decision.
According to the prosecution, the problem lies not only in the fact of working at the clinic. Having returned to Odrex, Rusakov again began contacting colleagues, among whom there may be witnesses in the criminal proceedings regarding the death of Adnan Kivan. It was this risk that the prosecutor drew the court's attention to during one of the hearings.
The President of the All-Ukrainian Association of Retired Judges, Denys Nevyadomsky, noted that the court should prohibit the accused from contacting witnesses in the case. He also confirmed that the accused's posts on social networks about resuming professional activities, according to the Criminal Procedure Code of Ukraine, can be used as evidence in criminal proceedings.
Failure to comply with a court decision that has entered into legal force (a ruling of an investigating judge, etc.) constitutes a criminal offense under Article 382 of the Criminal Code of Ukraine
In the event of proving the fact of intentional failure to comply with a court decision by the accused, in accordance with Article 382 of the Criminal Code of Ukraine – he may face a fine, community service, and restriction of liberty for up to three years.
Reminder
During one of the court hearings, the prosecutor stated that Rusakov carried out medical practice outside the medical facility without entering the relevant information into the patients' medical documentation.