Patient's death at Odrex clinic: methods used by the accused to delay court proceedings

The Primorsky District Court of Odesa held another hearing in the case of businessman Adnan Kivan's death during treatment at the Odrex clinic. The court proceeded to examine the evidence and determined the order of its consideration. One of the defendants in the case once again stated that he did not understand the essence of the accusation, despite its repeated clarification by the prosecutor. Whether this could be part of a tactic to delay the process, read in the UNN material.

Another court session was held 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 patient's death.

During the session, the court, in particular, clarified the position of the accused regarding the indictment. Both doctors stated that they did not admit guilt and planned to give testimony. In particular, the accused surgeon Vitaliy Rusakov stated that he did not understand what exactly he was being accused of. In response, the prosecutor in the case once again quoted the indictment.

"You are accused of committing a criminal offense under Part 1 of Article 140 of the Criminal Code of Ukraine, namely the failure of a medical worker to perform their professional duties due to a negligent attitude towards them, which led to serious consequences for the patient. You violated treatment protocols, according to the conclusion of the expert examination, which was conducted based on the seized medical documentation, you improperly performed your duties, which led to the death of patient Adnan Kivan."

However, even after this, Rusakov again stated that the content of the accusation was unclear to him. Meanwhile, the other accused in the case, oncologist Maryna Bielotserkovska, reported that she understood the essence but disagreed with the accusation.

"I understand what they are trying to accuse me of: incorrect diagnosis, untimely diagnosis. I do not accept the accusations, I do not admit them."

Rusakov's repeated statements about allegedly not understanding the essence of the accusation, despite its repeated clarification, may indicate an attempt to delay the consideration of the case. A similar tactic has already been observed in these proceedings earlier – in particular, through the defense's submission of numerous motions, statements of recusal of the judge, and postponement of hearings due to non-appearance of lawyers.

Also, during the session, a brief summary of the civil claim of the injured party was announced, which the accused did not recognize. After that, the parties made opening statements, and the court determined the order of evidence examination.

Judge Larysa Pereverzieva also granted the prosecutor's motion to involve an oncologist specialist in the court session where evidence will be examined. As a rule, such specialists are involved to provide professional clarification of medical aspects of the case, including the compliance of doctors' actions with clinical protocols and treatment standards. The next court session is scheduled for May 5, 2026.

Separately, the court considered the motion of Maryna Bielotserkovska's defense to change the preventive measure – in particular, regarding the cancellation of the obligation to wear an electronic monitoring device due to her health condition. The motion was denied, but the court ordered to ensure the possibility of her escort to a medical facility if necessary.

Recall

This refers to criminal proceedings regarding the death of Odesa businessman Adnan Kivan, who was undergoing treatment at the private clinic Odrex. The accused in the case are surgeon Vitaliy Rusakov and oncologist Maryna Bielotserkovska – doctors who directly treated the patient.

According to the investigation, after the surgical intervention, the patient was not prescribed mandatory antibacterial therapy and postoperative complications were not properly responded to. As a result, sepsis developed, which, according to forensic medical examination, could have caused the patient's death.