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Statement of facts
Statement of facts
Applicants:
(1) Dr. Zviad Oboladze (hereinafter, "first applicant"), a citizen of Georgia, born April 1977 in K., Georgia, obstetrics-gynecologist by vocation (see attached Annex A.. ---)
(2) Dr. Nino Lobzhanidze (hereinafter, "second applicant"), a citizen of Georgia, born January 1958 in Z., Georgia, obstetrician-gynecologist by vocation, deputy-director for treatment in the Mtskheta Regional Multi-Profile Hospital, Ltd. By decree #11 of the director of hospital, she also held the position of attending physician of the obstetrics department and was released from night duty at the obstetrics department (see the attached Annex A..).
Under an employment contract between the first applicant and the Mtskheta Regional Multi-Profile Hospital, Ltd., represented by its director, the first applicant held the position of obstetrician-gynecologist on duty in the obstetrics department of the Mtskheta Regional Multi-Profile Hospital commencing 1 June 2005 (see the attached Annex A..).
On 22 September 2005 at 04:15 a.m. an ambulance delivered Guliko M. (hereinafter, "the patient"), a citizen, to the reception of therapeutics department of the Mtskheta Regional Multi-Profile Hospital, Ltd., with a diagnosis of food poisoning. She had stomach pains. She was admitted and examined by Khatuna B., the therapist on duty in the reception department. After examining the patient, Khatuna B. suspected an acute abdominal infection and consequently called in the surgeon on duty, Dr. Tamaz J., for a consultation. After examining the patient, Dr. Tamaz J. excluded any need for surgery, i.e., according to , Dr. Tamaz J., the patient did not have an acute abdominal infection. He suspected pelvioperitonitis (see the attached Annex A.. - Dr. Tamaz J's testimony).
The physician on duty in the reception department then called Dr. Zviad Oboladze, the first applicant, who was the gynecologist on duty. He examined the patient and talked to her. As a result of his anamnesis he learned the following: the patient said that ten days earlier she had had an at home. In order to avoid having a dilation and curettage she had not gone to a hospital. She said that she had been married for 13 years and had no children during that time. In the past ten days she had had a bloody secretion from her uterus, but she did not pay any attention to it. On 21 September at 20:00 p.m. she began suffering stomach pains, vomiting and diarrhea. She took analgesics intra-muscularly at home for the pain, which was severe, but she was unable to kill the pain totally and therefore called an ambulance. An emergency doctor gave her Baralgin, an additional analgesic. Both the patient and the emergency doctor concluded that her troubles were caused by a watermelon she had eaten. At that time there were numerous cases of food poisoning from watermelons in Mtskheta, where the patient resided. Because of her symptoms (vomiting, diarrhea, etc.) the emergency doctor diagnosed food poisoning as well and delivered her to the hospital.
The first applicant evaluated the patient's condition as of a medium significance. Because the patient's account, including the little bloody secretion from the uterus, caused him to suspect that there might be another pathology, he immediately called a laboratory assistant and ordered a general blood test and then he moved the patient to the gynecology department. At about 05:30 a.m. the blood test results were ready (see the attached Annex A.. ). They showed that the patient's erythrocytes. i.e., red blood cells, and hemoglobin were normal. There was no sign of anemia at that time. While leukocytes and stab were somewhat increased, that indicated the inflammation process.
Based on his examination of the patient, the blood test results and the anamnesis, the first applicant suspected an incomplete spontaneous abortion, i.e., miscarriage exacerbated by inflammation. His preliminary diagnosis, with a question marks, was: "postabortal acute endometritis? pelvioperitonitis?" (see the attached Annex A.. - case history, p. 1). Because there was a bloody secretion, the first applicant decided to perform a dilation and curettage.
Before the first applicant began this procedure he asked Irma O., the nurse on duty in obstetrics reception, to get him some strong antibiotics. In order to comply with this request Irma O. went to the obstetrics ward, where she ran into Dr. Nino Lobzhanidze, the second applicant, a gynecologist and the deputy-head physician of the hospital, who had come to the hospital at 04:00 a.m. that day with Shehraza A., a patient of hers who was about to deliver. The second applicant was obligated to render her obstetric assistance pursuant to a private contractual agreement.
Odishelidze asked the second applicant if they had any antibiotic stronger than gentamicin and ampicillin. She added that the first applicant needed such medication. The second applicant immediately gave the nurse all the medications required for the first applicant. Odishelidze took the medications and mentioned that the first applicant needed them to treat the second applicant's neighbor. (See the attached Annex A..).
Although the second applicant had no legal or moral obligation to treat the patient, Guliko M., she followed the nurse to the gynecology department in order to see her neighbor and to learn her condition. She met the patient's relatives in the lobby and told them that the hospital had all the necessary medications and there would be no problem in this regard.
After this conversation the second applicant entered into the manipulation room, where she found the patient lying on a gynecologic chair. The first applicant was also there and was getting ready to perform the dilation and curettage. The second applicant asked him about the patient's health. The first applicant told her that he had made a preliminary diagnosis and he had also received the blood test results.
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