The court extended the pretrial detention of two Odrex doctors in the case involving the death of businessman Kivan
The Kyiv District Court of Odessa extended the pretrial detention of Vitaliy Rusakov and Maryna Belotserkovskaya, doctors at the private Odrex Clinic, who are charged under Part 1 of Article 140 of the Criminal Code of Ukraine (negligent performance of professional duties by a medical professional) in the case involving the death of businessman Adnan Kivan.
The court extended the pretrial measure for both defendants—in the form of a personal pledge—for another two months. In addition, according to Vitaliy Rusakov, the court also extended his suspension from his positions as head of Surgical Department No. 2, surgeon, and endoscopist at “Medical House ‘Odrex’” LLC.
During the court hearing, the prosecutor stated that, according to the pretrial investigation, Rusakov allegedly continued to practice medicine outside the medical facility and failed to record information about the medical procedures he performed in the medical records.
“The pretrial investigation established that the defendant, Rusakov, was practicing medicine outside the medical facility ‘Medical House’ LLC, without recording the relevant information about the medical procedures performed in patients’ medical records,” the prosecutor said.
In a comment to UNN, Andriy Turiy, a lawyer and managing partner at the law firm “Turiy & Partners,” explained that performing surgical procedures without proper documentation and outside a licensed medical facility may constitute a violation of professional standards. At the same time, he emphasized that criminal liability for a healthcare professional is possible only if there are serious consequences for the patient.
Attorney Dmytro Kasianenko expressed a similar position. According to him, a doctor does not have the right to practice medicine without the appropriate license, outside a designated place of practice, without the necessary equipment, or without the patient’s informed consent, except in emergency cases.
As noted by UNN, the issue of maintaining medical records has taken on particular significance in the Odrex doctors’ case. According to the agency, the criminal proceedings are ongoing, and the court has not yet moved on to examining all the evidence intended to establish whether there is a causal link between the defendants’ actions and the death of businessman Adnan Kivan.
At the same time, the statements made by the prosecution during the court hearing have not yet been established as facts by the court, and the criminal proceedings are currently in the trial phase.
This was reported by UNN.
The Odrex Case: Proving Medical Malpractice or an Attempt to Destroy the Clinic.
After several months of procedural motions, the court proceeded to hear the merits of the case regarding alleged medical negligence by doctors at the Odrex clinic in connection with the death of businessman Adnan Kivan. The defense’s motion to recuse the judge due to the holding of closed-door hearings was denied.
