The court extended the preventive measures for Odrex doctors accused of medical negligence
Kyiv • UNN
The Kyivskyi District Court of Odesa upheld the preventive measures against Vitalii Rusakov and Maryna Bielotserkovska in the case of medical negligence that may have caused the death of Adnan Kivan.
On October 1, the Kyivskyi District Court of Odesa extended the preventive measures imposed on doctors at the private Odrex clinic, Vitalii Rusakov and Maryna Bielotserkovska, who have been accused of improper performance of professional duties by a medical worker. Both remain subject to a personal recognizance obligation, while Rusakov was also suspended from his position, reports UNN.
After the hearing, the accused Rusakov said that he had resigned of his own accord from the position of head of the surgical department at the Odrex clinic. At the same time, the statement does not make clear exactly when he resigned or whether the relevant documents were added to the court case file.
In addition, the hearing took place with court-appointed defense attorneys present: due to the absence of Rusakov’s and Bielotserkovska’s attorneys, the court appointed a separate defense attorney for each of the accused and continued consideration of the issue of preventive measures.
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This occurred amid the accused doctors’ attorneys’ regular failures to appear and motions to postpone hearings, which have repeatedly impeded consideration of the case in recent months.
Thus, in September, the Kyivskyi District Court of Odesa scheduled 13 hearings in the case against the Odrex doctors, but seven of them did not take place or the court was unable to proceed to consideration of the case on its merits. Only six hearings took place in full—less than half.
The presiding judge in the case, Viktor Chaplytskyi, deemed the reasons for the doctors’ attorneys’ regular failures to appear unjustified and sent the relevant information to the Qualification and Disciplinary Commission of the Bar. It is to assess whether the defense attorneys’ actions show signs of a disciplinary offense.
Due to the regular postponements, the court has still been unable to proceed to one of the key stages of the trial—the questioning of the medical expert. The court had planned to hear the expert back in May, but at that time Rusakov’s defense raised the issue of changing the venue.
The medical expert is to analyze the documentation, the findings of the examinations conducted, and compliance with treatment protocols, and explain the medical component of the possible causal link between the doctors’ actions and the patient’s death. The court will provide the final assessment of this evidence and the issue of the accused persons’ guilt.
Reminder
Doctors at the private Odrex clinic, Vitalii Rusakov and Maryna Bielotserkovska, have been 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, during Adnan Kivan’s treatment, the medical staff made significant errors, as a result of which the patient developed sepsis that, against the background of his oncological disease, led to his death.