The trial drags on, the blog monetizes: how an Odrex doctor accused of medical negligence turned a patient's death into profit
Kyiv • UNN
In the Kyiv District Court of Odesa, hearings in the case of Odrex doctors Vitalii Rusakov and Maryna Bielotserkovska have been postponed twice in a row. Experts emphasize that each delay brings the criminal proceedings closer to the expiration of the statute of limitations.
The Kyiv District Court of Odesa twice in a week failed to continue the criminal case against doctors of the private clinic Odrex, Vitalii Rusakov and Maryna Bielotserkovska, who are accused of medical negligence (Part 1 of Article 140 of the Criminal Code of Ukraine), reports UNN.
According to information from own sources, the reason for postponing both hearings was the absence of the lawyers of one of the accused: one of the defense attorneys is on vacation, the other is simultaneously participating in the consideration of another case. Thus, on both July 15 and July 16, he gave preference to another court proceeding.
For more than seven months the court hearing in the high-profile case of the death of Adnan Kivan has not reached the most important stage – the examination of medical evidence by an oncologist expert, who must compare the medical documentation and the conclusions of the forensic medical examination.
After all, due to the actions of the defense side, the process is accompanied by numerous postponements, changes of jurisdiction, recusals and other procedural decisions, which experts call deliberate procedural maneuvers. Or rather, a tactic that may ultimately lead to the case being closed due to the expiration of the statute of limitations, without a court decision. Thus, even if the evidence shows that the Odrex doctors are guilty of the death of businessman Adnan Kivan, they will remain unpunished and continue to work in medicine.
"With the competent work of lawyers, the line between the bona fide exercise of procedural rights and the abuse of these rights is very thin... Everything that delays the consideration of the case affects the expiration of the statute of limitations. The court must respond to the abuse of procedural rights by participants in the process," emphasized the President of the All-Ukrainian Association of Retired Judges, Denys Neviadomskyi.
And although the accused themselves do not admit their guilt, the sequence of procedural events draws attention. It is precisely when the court approaches the examination of medical evidence that the consideration is slowed down by motions from Rusakov's lawyers. Strange, because if the accused are confident that the patient's treatment complied with approved industry standards (clinical protocols of the Ministry of Health of Ukraine) and was based on the principles of evidence-based medicine, then why are they avoiding hearing the expert?
Monetization of the death of his patient
At the same time, the accused Rusakov, who in recent months has been actively criticizing the presiding judge Viktor Chaplytskyi and his decisions, seems to have decided to convert his publicity into a commercial project. After he began to actively comment on the death of his patient and publicly disclose details about the course of his illness, which constitutes a medical secret, the first advertising integration appeared in his blog.
At least, that is the impression that arises after the appearance of a staged video where Rusakov, against the backdrop of the Black Sea, recites typical advertising slogans about the local platform for training doctors, OncoHub. It can be assumed that it became one of the first advertisers of the scandalous surgeon.
Obviously, the platform missed the mark with the choice of blogger. Rusakov's main audience today is, rather, not doctors. Many people subscribed to him because of the death of his famous and influential patient Adnan Kivan; people are interested in the details that Rusakov savoringly tells in his vlogs.
We hope that the organizers do not plan to involve him as a speaker as well. Because then it will be a reputational blow not only to Rusakov himself, but also to the educational platform OncoHub.
Let us recall
Doctors of the private clinic Odrex, Vitalii Rusakov and Maryna Bielotserkovska, 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 the surgery, the medics may have failed to prescribe the necessary antibacterial therapy to their patient Adnan Kivan and inadequately responded to postoperative complications. According to the conclusions of the forensic medical examination, this could have led to the development of sepsis and death.