The court again failed to proceed to the examination of evidence in the case of medical negligence by Odrex doctors
Kyiv • UNN
The first substantive court hearing in the case of doctors of the private clinic Odrex, Vitaliy Rusakov and Maryna Bielotserkovska, was postponed at the request of the defense. The Kyiv District Court of Odesa scheduled the next hearing for July 9.
The first court hearing on the merits in the criminal case against doctors of the private clinic Odrex, Vitalii Rusakov and Maryna Bilotserkovska, who are accused of medical negligence, has been postponed again. The court postponed the hearing, granting the defense's motion. The next hearing is scheduled for July 9, reports UNN.
According to information from UNN's own sources, the lawyers of one of the accused Odrex doctors, Vitalii Rusakov, stated that on the day of the scheduled hearing they would be participating in another court proceeding. Another reason for postponing the hearing was that the defendant's lawyers did not have time to prepare for the hearing.
It was after moving to the consideration of the case on its merits that the court was to begin the direct examination of the evidence that forms the basis of the prosecution: medical documentation, conclusions of forensic medical examinations, clinical protocols and other materials of the criminal proceedings.
It should be noted that during the previous preparatory hearing, Judge Chaplytskyi granted the prosecutor's motion to involve a specialized expert in the process – an oncologist. This will be a specialist from the non-commercial enterprise "Odesa Regional Clinical Anti-Tumor Center" of the Odesa Regional Council. He will help the court determine whether there is a causal link between the actions or inactions of the accused doctors and the death of their patient, Adnan Kivan.
At the same time, this postponement is not the first instance when the court cannot proceed to the stage of examining medical evidence in the case of the death of businessman Adnan Kivan. Previously, the criminal proceedings were heard by the Prymorskyi District Court of Odesa. It was then, when the court was to proceed to the examination of evidence with the participation of a specialized expert, that Rusakov's defense filed a motion to transfer the case to another court.
Commenting on the course of the case experts have repeatedly stated that the actions of the defense may be a deliberate delay due to "procedural maneuvers." And although filing procedural motions is a legal right of the defense, the fact that after more than seven months the trial has not yet moved to the examination of evidence inevitably draws attention to such procedural decisions.
Experts warn that each postponement of the hearing brings the case closer to the expiration of the statute of limitations. That is why, in their opinion, the court should respond to possible abuses of procedural rights if such actions actually make it impossible to hear the case in a timely manner.
Recall
Doctors of the private clinic Odrex, Vitalii Rusakov and Maryna Bilotserkovska, are accused under Part 1 of Article 140 of the Criminal Code of Ukraine – improper performance of professional duties by a medical worker. According to the investigation, after performing surgery, the doctors may not have prescribed their patient Adnan Kivan the necessary antibacterial therapy and responded inadequately to postoperative complications. According to the conclusions of the forensic medical examination, this could have led to the development of sepsis and death.