Information about the movement of cases

The cases that are in production. Information about the movement of cases

1. Case against the maternity hospital of Moscow

As a result of incorrectly chosen tactics of childbirth, the child in the process of birth received a birth injury - paresis of the ERB. After two court trials held in Moscow, the case was sent for medical expertise  at the request of the defendant to the higher expert institution of Russia, in Moscow. We have been waiting for the expertise for more than a year. The medical expertise  not only confirmed the guilt of doctors in causing birth trauma to the child. The experts concluded that the clinical picture of the child's condition did not correspond to the data in the history of childbirth, from which it followed that the birth took place without any complications. A fair and reasonable court decision was made to satisfy the claim.

2. Case against St. Petersburg maternity hospital

This case promised to be simple, because the birth damage received by the child-paresis Erba during an objective medical expertise  is always recognized as the result of poor quality medical care and indicates an error in the process of childbirth. The circumstances of the case were such that there was no doubt about the guilt of the doctors. The child was too large and in the history of childbirth indicated that there were difficulties in removing the shoulders of the baby. And the injury caused (paresis Erba) is precisely the result of a rupture of the nerve bundle of the brachial plexus. However, we were faced with the heaviest resistance, using the levers of the medical Corporation and getting a medical expertise   that completely denied the defects in the actions of the hospital doctors. During the process, it turned out that the representative of the hospital works at the same Department with an expert organizer, who, contrary to all scientific sources, was proving that a large baby is not a prerequisite for the emergence of ERB paresis. The lawsuit was denied by a court decision. However, we submitted a statement to the Investigational Committee of Russian Federation about the presence of signs of a crime in the actions of experts and attached to this statement a disc with a recording of the interrogation of experts in a trial  in a civil case. The case was put under control of the Investigational Committee of Russian Federation. Another medical expertise was appointed in the same expert institution, which conducted the examination of the civil case, but in a completely different composition of experts. Expertise fully confirmed the defects of medical care, approved hospital and, moreover, has established a direct causal link between the defects in the process of childbirth and the child's disability.

3. The case against the Female consultation in St. Petersburg

As a result of incompetence of doctors of Female Consultation (the Respondent) the frozen pregnancy on the last term of pregnancy was passed. While the fetus was in a state of intense decomposition, doctors told her that the baby was fine. The woman was hospitalized urgently in the St. Petersburg maternity hospital under the threat of sepsis (blood poisoning), where an emergency delivery was carried out. During the trial, when the Consultation presented the originals of medical documents, the fact of their forgery (falsification) was revealed. When we evaluated the photocopies of the originals, we found visual signs of falsification of the analysis results. A corresponding request was made to the laboratory, which showed that the laboratory did not make such analyses. The Prosecutor, who was present at the trial, made a statement that the measures of the Prosecutor's response will be taken against the medical institution. The Consultation, in accordance with the law, was given time to respond to the Plaintiffs ' claim that the evidence was false. The defendant could not refute the fact of forgery. An examination was carried out, as a result of which the absolute fault of the doctors was established. The court decision was made in favor of the plaintiffs. Despite the fact that forgery of medical documents was discovered and proved in the case, the defendant (Women's consultation) filed an appeal to the St. Petersburg city court. In the St. Petersburg court, the judgment was upheld. Enforcement proceedings have been completed in the case. 

4. The case against the St. Petersburg maternity hospital.

As a result of erroneous actions of the hospital doctors, a severe hypoxia (suffocation) of the child was admitted. The baby was born in a neonatal coma. The child's death occurred on the second day in the hospital. The case was based on falsified medical documents. The fact of falsification in the process was proved by the participation of another medical institution as a co-Respondent, whose doctors showed that the mother did not have the infections prescribed by the maternity hospital. In the confrontation between two medical institutions, truth was born. The case is decided in favor of the plaintiffs. The amount of compensation amounted to 2 million 500 thousand rubles. The enforcement proceedings were completed by the lawyer in full.

5. Case against St. Petersburg maternity hospital and Children's City hospital

The child was seriously injured in the process of performing a caesarean section. The child in a serious condition was admitted to the children's city hospital only on the sixth day. Despite the birth cranial-spinal injury, the doctor of the visiting team of the children's hospital refused to immediately hospitalize the child due to lack of places. In the case of questioned doctor-operating surgeon, chief doctor of the hospital. A forensic medical examination was obtained on the absence of defects in the provision of medical care. After addressing the Chairman of the Investigative Committee of the Russian Federation – Bastrykin A. I. a statement on the criminal case on the grounds of knowingly false expert opinion (article 307 of the criminal code) and the effective work of the Committee, case was transferred to the control of the Main investigation Department of St.-Petersburg. A forensic medical examination has been appointed, which will be conducted in Moscow, in one of the leading expert institutions in Russia.

6. Case against St. Petersburg maternity hospital

The child in the process of birth caused serious harm to health-a double fracture of the skull and dislocation of the cervical vertebrae. It would seem that the fault of the hospital is obvious, but at the stage of hospitalization in the Children's city hospital, the child is suddenly diagnosed with congenital lacunar craniopathy, or bone fragility. In the process, we proved that this diagnosis is unfounded, the child was not examined, which could give the opportunity to make such a diagnosis. In addition, this formulation of the diagnosis in the medical classification of diseases does not exist. We proceeded from the fact that in childbirth to the child used obstetric forceps, which caused a fracture of the skull. In this case, it was clearly possible to prove the fact of falsification of medical documents, namely: the maternity hospital provided the plaintiff with a certified copy of the birth history. While the pre-trial preparation of the case was being conducted, the hospital forgot about it. The court was presented with a rewritten version of the birth History, which has discrepancies with a certified copy of the birth History. This fact is documented in detail during the trial. At present, the case has been completed forensic medical examination. In the court's ruling, the judge pointed to the fact that "there are discrepancies between the certified copy of the birth history and its original."During the examination, the diagnosis made by the children's city hospital" congenital lacunar craniopathy " was removed by experts as unfounded. The decision was made in favor of the plaintiffs. The amount of compensation amounted to 2 million 600 thousand rubles. the Hospital did not appeal the decision of the court to the appellate instance. Probably because in the process it was proved that the falsification of medical documents. The decision came into force. Enforcement proceedings have been completed.

7. The case against the Moscow maternity hospital.

As a result of a number of mistakes made by the doctors of the maternity hospital in the process of delivering the child, a severe birth injury was caused, which led to a lifelong disability. The maternity hospital proves that the cause of the child's disability is its intrauterine infection. Two mutually exclusive examinations were conducted in the case. One - in favor of the Plaintiffs, the second-in favor of the hospital. According to the second examination in the actions of experts there are signs of a crime under article 307 of the criminal code (giving a false expert opinion). In the examination there are signs of falsification of evidence, distortion of these medical documents, their free interpretation, loss of evidence by experts, important written and physical evidence has not been investigated. The claim was denied in the court of General jurisdiction. Currently, the case is under the control of the Federal Investigational Committee in connection with the filing of an application by us on the fact of a deliberately false expert opinion (article 307 of the criminal code) and poor quality of medical care. We are waiting for the appointment of a forensic medical expertise The struggle continues.

8. The case against the Moscow maternity hospital.

As a result of incorrect tactics of delivery and incorrect determination of the child's weight when performing ultrasound, the child's neck was broken during childbirth, which caused a fatal outcome. The child's mother was also seriously injured. In the course of preparing the case, the mother died in tragic circumstances. Currently, a lawsuit is planned from the father of the deceased child.

9. Case against private ambulance of St. Petersburg and maternity hospital

As a result of defects in the provision of medical care by an ambulance doctor, which was expressed in an unjustified diagnosis and in the use of unproven medical drugs, the death of a woman who was 6 months pregnant occurred. An ambulance doctor would have unreasonably diagnosed a premature birth while the woman had a ruptured spleen vessel. The situation was also complicated as a result of medical documentation incorrectly assessed by the ambulance doctor. The doctor considered that the woman did not have the necessary results of examination for tuberculosis. Because of this, she was taken not to the nearest, but to a remote infectious hospital in St. Petersburg. In the hospital were not immediately able to find the entrance to the emergency Department, the door was not immediately opened, the desperate husband and father of the child had to knock on the iron door with his feet. Precious time was lost, resuscitation was not organized correctly, blood transfusions were not performed. The result was the death of a woman and an unborn child. Two conducted forensic medical examinations, a number of expert opinions confirmed significant defects in the actions of the ambulance doctor, the main of which was an incorrect diagnosis and untimely hospitalization of the woman, which led to the onset of death. A lawsuit was filed against the ambulance service of St. Petersburg.

10. A case against an insurance company for participating in a medical experiment.

The insurance company refused to pay insurance compensation to the heirs of a cancer patient who participated in the study of an experimental medical drug. The insurance company did not see a causal link between the participation of a cancer patient in the experiment, which became worse immediately after the use of the drug, and the fatal outcome. While from the analysis of medical documentation and available side effects of the experimental drug, such a connection was seen. After thorough pre-trial preparation, a lawsuit was filed in court, and a forensic medical examination was appointed. However, before it was held, the defendant offered the Plaintiffs to conclude a settlement agreement. The plaintiff's side agreed to the proposed terms. The settlement agreement is executed.

11. The case against the dental clinic.

As a result of the fact that the doctor went on vacation and forgot about his patient, who put the medicine, the young man's tooth cracked. The tooth had to be removed. Before removal, local anesthesia was incompetently performed, resulting in an overdose. The man had a heart attack. However, the pre-trial inspection showed that according to the available medical documents, it is not possible to prove harm to health as a result of a medical error. The case is closed at the preliminary consultation stage.

12. Case against the clinic

The doctor of the children's polyclinic disclosed the diagnosis of children who were caused significant harm to their health during childbirth. Three years after the children were taught at school, the neurologist of the children's clinic provided information about the diagnoses of children to school. As a result, the children were suspended from the pool and the General physical education group. Diagnoses became known not only to doctors and teachers, but also to parents of other children. In connection with the admitted deontological error of the doctor, a claim was made. The case was settled amicably as a pre-trial settlement of the dispute. Diagnoses of children are removed from medical records.

13. The case against the Clinic and the St. Petersburg maternity hospital.

As a result of medical errors and a long anhydrous period, the child was born in a state of deep asphyxia (oxygen starvation). The girl was taken to the Children's city hospital in a neonatal coma. The child could not be saved. On the second day, death occurred. The lawsuit was filed in court. Both the Maternity hospital and the Women's clinic were involved in the case as Defendants. During the court-appointed examination, the fault of the Women's consultation was found in the lack of examination of the pregnant woman and the failure to show infections that could lead to a fatal outcome for the baby. The plaintiffs did not agree with the results of the examination, because they were sure of the fault of the hospital. At the request of the plaintiffs and due to the fact that during the first examination the experts did not examine the autopsy report, which was in the case, the court reasonably appointed a second examination. Repeated examination, performed qualitatively and fully, convincingly proved the guilt of the Women's consultation in the death of the child. However, the court made a really fair decision. Having assigned the payment of the main amount of compensation to the Women's consultation, the court ordered the maternity hospital to pay compensation to the Plaintiff, because the doctors refused to give the woman the necessary anesthesia. Refused only on the grounds that she  at the time of admission to the hospital had no money. The court decision of the first instance was appealed by the defendant in two instances – appeal and cassation, but the court upheld. Enforcement proceedings have been completed.

14 Case against a construction company

This case was accepted for production by the lawyer after the principals received significant compensation in connection with poor quality of medical care in childbirth. The money received was unsuccessfully invested in an equity construction project. As a result, we had to file a claim for termination of the contract. When the case was considered by the court of first instance, only the principal amount of the debt was awarded by a court decision. The decision was appealed. The decision was changed by the St. Petersburg city court. The company was awarded a fine and penalty, in addition to the principal amount of debt in the amount of more than twice the original investment. In connection with the non-execution of the court decision, a lawsuit was filed against the bailiffs of St. Petersburg. In the process of consideration of the case, the Construction company offered the claimant (plaintiff) to conclude a settlement agreement, so the case against the bailiff Service was terminated by the plaintiff. The plaintiff was asked to sign a contract for a new apartment. The contract is concluded. The apartment was obtained.

15. The case against the St. Petersburg polyclinic.

The young woman was not diagnosed with tuberculosis in a timely manner due to the inattention of doctors. At the time of diagnosis, the disease was in an advanced stage. In the clinic, the incessant paroxysmal cough was regarded by doctors as allergic. The woman twice lay with a small child in the children's Department of the hospital and in the maternity hospital, on the Department of pathology of pregnant women, coughing desperately and reassuring everyone around her that she had an allergic cough. During the trial, employees of the clinic showed that the Plaintiff's fluorographic images were lost due to a malfunction of the equipment. Two mutually exclusive expert opinions were received in the case. One - in favor of the Plaintiffs, the other-in favor of the clinic. Currently, an application has been submitted to the Investigative Committee of the Russian Federation to conduct a check on the signs of committing crimes in connection with giving a deliberately false expert opinion and poor quality medical care.  A new expertise has been appointed.

Published on 2020-01-12