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Violations of Art. 6 par 1 - Page 9




Alleged violation of Article 6, par. 1

The second applicant:

The same question is put in the case of the second applicant as well: which action of the second applicant does fall within the prosecutor's conclusion made in paragraph 8 of the bill of indictment? Where can her inaction be observed and, especially, when did she leave the patient in danger and refused her treatment?

The second applicant follows the chronology:


  1. The second applicant came to the hospital at 04:00 a.m. together with her patient Shehraza A. ready to confine, for which she was responsible within an agreement

  2. The second applicant met with nurse on duty Irma O. at the obstetrics department, who asked her for a strong antibiotic, that she needed for the first applicant's patient. Then the nurse added that, by the way, this patient was her (the second applicant's) neighbor

  3. The second applicant gave her a medicament and despite the fact that she had no obligation toward patient Guliko M., she went down to the manipulations room of gynecology department in order to see her neighbor and pay some attention to her.
    The second applicant emphasizes again that according to the case materials, she was with her patient Shehraza A. at that time and came to patient Guliko M. only after she had learned that she was at the hospital. So, she did not come to her as her doctor in charge, who would be responsible for the patient's examination, diagnosis and treatment

  4. Only after the second applicant entered into the manipulations room did she learned about the patient's medical condition and the tentative diagnosis made by the first applicant. She also learned that the first applicant intended to perform curettage

  5. The second applicant participated in the curettage only after the first applicant asked for the proper-sized spoon, which could not be found there, because Dr. Tina Sv., the manager of department, had locked it up. When the first applicant got angry, on the instructions of the second applicant a nurse brought an appropriate instrument and the second applicant helped the first one to perform curettage. The first applicant finalized the curettage. (see the attached Annex A..----)

  6. After the curettage was terminated the second applicant apologized to patient Guliko M's family members as she had her patient. Then she left the gynecology department, but told them that in case if they needed anything, they should address her for any help

  7. Until 13:00 the second applicant asked for the patient's state of health several times. She also proposed an expert in resuscitation to call catastrophe center, but got answer that this was not necessary. Though, she was asked to call a sepsis expert. The second applicant called sepsis expert L. Mg. and as the latter had a grave patient, they agreed that he would come to the Mtskheta regional hospital at 16:00. (see the attached Annex A..--)

  8. At 13:00 the second applicant entered into the obstetrics department and participated in caesarian section together with manager of obstetrics department Dr. Merab M., where she stayed until 3:00 p.m. (See the attached Annex A..--- - letter of director of hospital)

  9. The second applicant learned that some liquid was detected in patient Guliko M's abdomen only when Dr. Tina Sv. entered into the operating-room of obstetrics department and asked Dr. Merab M. to conduct an operation. Dr. Merab M. told her that as soon as he finished this operation he would come immediately

  10. The above operation was terminated at 15:00. Several minutes later the second applicant was called from the operating-room of gynecology department and asked to come up, that she immediately did

  11. When the second applicant entered into the operating-room, she learned that patient Guliko M. died before operation would commence. Tina Sv. asked the second applicant to inform Guliko M's family members about the patient's death, because she (the second applicant) was their neighbor

  12. At that time patient Shehraza A., who had come to the hospital together with the second applicant, began to confine. The second applicant got informed about it being her doctor in charge and went up to deliver a child. (See the attached Annex A..---)


The second applicant puts again a question: among the above-listed facts which action or inaction of the second applicant can be qualified under Article 130, par. 2(2) According to the facts, what connection did the second applicant have with the patient Guliko M's death?

Let's just imagine that the second applicant left her patient Shehraza ready to confine, for which she was responsible under an agreement and rendered medical care to patient Guliko M, for which she was not responsible at all. Let's then imagine that patient Shehraza A. in childhood got some exacerbations and was left without attention by the second applicant. Would not the second applicant be responsible for any results then and accused of failure of a physician to provide a patient with emergency medical care? Of course, she would be and, even more, she should be, because she would leave the patient in danger, for which she was responsible being her doctor in charge.

Both, the prosecutors' office and the court considered that the second applicant's crime was to have participated in curettage and because she has been in touch with the patient, she became responsible for her treatment (see the attached Annex A..---).

Although, the case materials definitely prove that the second applicant participated neither in patient Guliko M's examination nor in her diagnosing with the status of her doctor in charge. Even if she wanted to, she could not get involved because, first of all, when patient Guliko M. was admitted to the hospital and examined by the first applicant, the second applicant was near her patient Shehraza at the obstetrics department. Secondly, from the patient's move to the gynecology department and until 10:00 Guliko M's doctor in charge was the first applicant and from 10:00 onwards manager of gynecology department Tina Sv. was responsible for the patient. So far, the second applicant could not interfere in their competence without their request.

The case materials prove that even if the second applicant had performed Guliko M's curettage alone, there was not any causal connection between this manipulation and the patient's death.

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(2)
Article 130. Leaving a patient in danger
Failure of a physician without reasonable excuse to provide an emergency medical care to a patient in critical condition, when such failure caused the patient's death.


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