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Three medical tragedies and years of legal battles: does a Ukrainian patient have the right to justice?

Kyiv • UNN

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In private clinics with high bills, patients buy not only comfort and modern technology – they buy a sense of security. But when tragedy strikes, families often find themselves in a years-long struggle for justice. Three high-profile stories of medical tragedies show how difficult the path from a patient's death to a court verdict can be.

Three medical tragedies and years of legal battles: does a Ukrainian patient have the right to justice?

Behind the high bills in private clinics, there is usually not only comfort and advanced treatment, but also the patient's hope that their life is completely safe there. When the irreparable happens, the clinic's true face is determined by its ability to take responsibility for possible mistakes. Unfortunately, often instead of honesty, relatives of the deceased, during one of the most painful stages of life, face the clinic's fight for its brand. Read about whether Ukrainian patients have real protection and how private medical institutions react to tragedies within their walls in the UNN material.

Private medicine in Ukraine has become synonymous with comfort and advanced technologies over the past decades. Choosing private medical institutions, patients expect safety, professionalism, and premium service. At the same time, patients consciously agree to high bills, because the cost of medical services is perceived as a justified investment in health and peace of mind.

However, even in the most modern clinics, critical situations occur. At such moments, the main test for a medical institution is its ability to take responsibility for mistakes, and not to hide behind image campaigns. However, not everyone chooses a responsible position in such cases.

The case of Adnan Kivan's death escalated into "The Odrex Case"

The death of Kadorr Group founder Adnan Kivan in October 2024 within the walls of the Odesa clinic Odrex became a point of no return for the institution's reputation. The founder of the Kadorr Group empire, a man whose fortune allowed him to choose the best doctors in the world, entrusted his life to Odesa's Odrex. After all, it was in this clinic that he was treated for the last few years, and it was in this clinic that the businessman's doctor, Vitaliy Rusakov, works. According to journalist Zoya Kazanzhi, Adnan Kivan gave him an apartment with renovations and a brand new Lexus car for his wedding. However, as evidenced by the materials of the criminal proceedings, the businessman's status and regular client of the clinic did not protect him from what the investigation calls medical negligence.

Adnan Kivan's death marked the beginning of a high-profile criminal case that continues today. The "stars" of Odrex found themselves in the dock: Vitaliy Rusakov, head of the surgery department, and Marina Belotserkivska, an oncologist (who has already left the clinic). According to the investigation, despite Adnan Kivan's oncological diagnosis, the cause of death was sepsis. Medical examination indicates a number of possible errors: ignoring symptoms of inflammation, failure to prescribe mandatory antibiotic therapy after surgery, and conducting chemotherapy, which was directly contraindicated for the patient at that time.

While the doctors are under night house arrest, the defense seems to have chosen a strategy of exhausting the court. Hearings are disrupted due to the non-appearance of the doctors' lawyers. In parallel, Odrex launched a large-scale information campaign: instead of admitting mistakes and conducting an internal investigation, the clinic focused on lawsuits against the media and attempts to whitewash its reputation.

However, the public's reaction was not long in coming: after the case of Adnan Kivan's death became louder, people who also lost loved ones after treatment at Odrex and those who managed to survive began to publicly talk about their experience. In addition, the high-profile case of Adnan Kivan's death became the last hope for justice for many families who have been suing Odrex for years over the deaths of their relatives in the clinic.

Against the backdrop of nationwide resonance, people united in the StopOdrex movement, created their own website (which has already been blocked three times due to Odrex's complaints) and a Telegram channel. On these platforms, people who consider themselves victims of treatment in the scandalous clinic anonymously share their own stories and the stories of their deceased relatives, exchange news about the progress of their own criminal cases against Odrex and the clinic's doctors, and support each other.

Fatal error at "Mali" clinic: death of a 7-year-old boy during dental treatment

In March 2025, a routine visit to the dentist for a Kyiv family ended in tragedy. The parents brought their 7-year-old son for dental treatment under general anesthesia – a service that the clinic advertised as a safe and comfortable "medicated sleep" for children.

During the procedure, the boy's condition suddenly worsened. His heart stopped right in the dental chair. Resuscitation measures were started in the clinic, and later the child was hospitalized. Doctors diagnosed a deep coma. A few days later, the boy died in the intensive care unit of Okhmatdyt hospital, without regaining consciousness.

Law enforcement officers opened criminal proceedings on the fact of improper performance of professional duties by a medical worker, which caused the death of a child. The anesthesiologist was notified of suspicion. According to the investigation, during anesthesia, a drug was used that had contraindications given the boy's health condition. This, according to law enforcement officers, was the cause of acute heart failure.

After checking the medical institution, the Ministry of Health revoked its license. As of today, the investigation is ongoing. The transfer of the case to court has not been officially announced.

This story once again raised a complex question: how safe are procedures under general anesthesia in outpatient settings, and is there sufficient control over their conduct in private clinics? For parents, this is an irreparable tragedy. For the healthcare system, it is a test of its ability to honestly investigate and answer what went wrong and who will be held responsible for the death of the 7-year-old boy.

Infant's death in "Leleka": a case that ended with the maximum sentence for a medic

The tragedy that occurred in May 2020 at the elite Kyiv maternity hospital "Leleka" turned into one of the most high-profile cases in the field of private obstetric care. The birth of Lidiia Kosogova, who trusted the professionalism of the doctors of this institution throughout her pregnancy, ended fatally: her daughter Vira was born with severe central nervous system damage and died after 55 days of fighting for her life.

According to the investigation, the cause of the tragedy was delay. Obstetrician-gynecologist Mykola Kovalenko incorrectly assessed the fetal heart rate monitoring (CTG) indicators. When the devices were already signaling the critical condition of the child, the decision for an emergency cesarean section was made too late. Forensic examination confirmed a direct causal link: these lost minutes led to irreversible brain hypoxia in the infant.

The family of the deceased child faced not only the pain of loss, but also the challenges of the medical system. Lidiia Kosogova stated that after the tragedy, communication with "Leleka" virtually ceased, and the family's access to electronic medical documentation was restricted.

The management of the institution, in turn, called the accusations an "information attack," insisting that the actions of the medics complied with protocols.

The court case lasted more than two years. Despite the fact that the accused obstetrician-gynecologist did not admit his guilt, Mykola Kovalenko was sentenced to the maximum penalty under the article (Part 1 of Article 140 of the Criminal Code of Ukraine – improper performance of professional duties by a medical worker) – three years of imprisonment. In addition, the court ordered the clinic to pay more than UAH 1.1 million in moral damages to the family.

Instead of a conclusion

Different cities, different clinics, different medical fields: from complex oncological surgery to dentistry or long-awaited childbirth. But all these stories are united by a tragic plot: death, suspicion of medical negligence, and long years of fighting for justice.

Each case has its own circumstances, but the consequences are too similar. Instead of a quick and transparent establishment of responsibility – protracted processes, examinations, procedural barriers. Families who have lost loved ones are forced to defend their right to justice for years.

In the end, these stories expose a problem broader than individual mistakes of specific doctors; they raise questions for the entire medical system, especially regarding the protection of patients' rights and the real inevitability of responsibility for medical negligence.