The case of medical negligence by Odrex doctors has remained in the preparatory proceedings stage for over a month

The Kyiv District Court of Odesa has been unable to proceed to the substantive consideration of the criminal case against doctors of the private clinic Odrex, Vitaliy Rusakov and Marina Belotserkovska, for over a month. They are accused of improper performance of professional duties by medical workers in a case related to the death of businessman Adnan Kivan.

According to the prosecution, after the surgical intervention, the doctors may have failed to prescribe the necessary antibacterial therapy and did not respond in time to the development of a postoperative infection in patient Adnan Kivan. The investigation believes that these circumstances may have contributed to the development of sepsis, which caused the businessman’s death. The accused do not admit their guilt, and all circumstances of the criminal proceedings are to be established by the court during the substantive consideration of the case.

However, the court again failed to proceed to the substantive consideration of the case. The latest preparatory hearing was postponed due to the extension of the sick leave of the defender of one of the accused – Marina Belotserkovska.

During the hearing, presiding judge Viktor Chaplytsky noted that the defender could have participated remotely via videoconference. After that, the court asked Marina Belotserkovska whether she agreed to hold the preparatory hearing without her defender. The accused responded that she insists on the participation of a lawyer. As a result, the court once again postponed the case, with the next hearing scheduled for July 1, 2026.

Thus, the Kyiv District Court of Odesa has been unable to complete the preparatory stage of the judicial proceedings for over a month. At this stage, the court must decide on the appointment of the indictment for substantive consideration, as well as determine the procedure for examining evidence and questioning witnesses.

After proceeding to the substantive consideration of the case, one of the key stages of the process will be the interrogation of the forensic medical expert. It is their conclusions and testimony that may be crucial for assessing whether the actions of the medical workers met the standards of medical care, whether possible treatment defects were made, and whether there is a causal link between the patient’s treatment and his death. Currently, because the preparatory judicial proceedings are still not completed, the court has not yet proceeded to examine this evidence.

Recall that earlier hearings were already postponed due to the absence of the defender of the accused Belotserkovska because of her sick leave. Prior to this, the proceedings were also accompanied by a number of procedural events, including motions to disqualify the judge and the transfer of the criminal proceedings from the Primorsky District Court of Odesa to the Kyiv District Court, which effectively required the case to start over.

In criminal proceedings, the parties have the right to use procedural mechanisms provided by law to protect their interests. At the same time, repeated postponements of hearings and prolonged failure to proceed to substantive consideration may raise discussions about possible delays in the trial through the use of procedural tools. The final assessment of such actions, as well as all other procedural circumstances, can only be given by the court.

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