Why are the “very expensive” lawyers of the doctors from Odrex accused of medical negligence missing court hearings?
Kyiv • UNN
The hearing in the case concerning medical negligence by Odrex doctors Vitaliy Rusakov and Maryna Bielotserkovska was postponed again on October 7. The oncologist’s defense lawyer asked to adjourn the hearing because she was participating in another court proceeding.
The hearing in the case concerning medical negligence by doctors at the private Odrex clinic has been postponed once again. This time, at the request of the lawyer for the accused oncologist, Maryna Bielotserkovska, who was occupied with another court proceeding. At the same time, one of the defense lawyers for the accused surgeon Vitalii Rusakov also failed to appear in court. The next hearing is scheduled for October 8, UNN reports.
Details
The accused surgeon Vitalii Rusakov, speaking about his defense, emphasized that his lawyers are "very expensive." The cost of legal services, of course, has no procedural significance whatsoever. However, against the backdrop of defense lawyers’ failures to appear and court hearings being postponed due to their involvement in other proceedings, a question arises: why can even an expensive defense team not organize its work so that the criminal case does not stall for months because of clashes in the lawyers’ schedules?
It cannot be claimed that the regular failures of the doctors’ defense lawyers to appear are a pre-planned tactic. At the same time, Andrii Misiats, acting head of the High Qualification and Disciplinary Commission of the Bar, drew attention to the systematic nature of the postponements.
A combination of failures to appear may indicate not an accidental violation, but a certain pattern of conduct by the lawyer and their bad-faith attitude toward their professional duties
7 of the 13 September hearings did not take place or were postponed
However, this situation has become more of a rule than an exception. In September alone, seven of the 13 hearings were postponed or did not take place due to motions from the defense.
Presiding Judge Viktor Chaplytskyi deemed the reasons for the lawyers’ failures to appear at the hearings unjustified and sent the relevant information to the Qualification and Disciplinary Commission of the Bar. It must now assess whether the defense lawyers’ actions show signs of a disciplinary offense.
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The October 1 hearing was also telling: the court was considering extending the restrictive measures imposed on Rusakov and Bielotserkovska. Neither defendant’s lawyers were present, so, in order not to postpone the hearing, the court appointed defense lawyers.
Lawyers interviewed by UNN do not rule out that the combination of the defense’s procedural actions could eventually lead to the expiration of the statute of limitations. In that case, even if the doctors’ guilt is proven, they may be released from criminal liability and avoid the punishment prescribed by law.
Reminder
The Kyivskyi District Court of Odesa is hearing the criminal case involving doctors at the private Odrex clinic, Vitalii Rusakov and Maryna Bielotserkovska. They are charged 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 the treatment of businessman Adnan Kivan, the medics’ actions or inaction may have led to the development of postoperative complications and sepsis, which, against the background of the patient’s oncological disease, may have caused his death. The court must provide the final assessment of the evidence, the medics’ actions, and the question of their guilt.