Doctor's slip: in Chelyabinsk two years can not solve the death of an infant
The parents of a newborn baby who died in Chelyabinsk have been seeking a full investigation into the circumstances of his death for two years. In May 2024, the child was exhumed - and a forensic medical examination found that his internal organs had been removed from his body. Instead, the boy's body was stuffed with rags. The Investigative Committee of the Chelyabinsk region opened a case on the fact of the child's death in December 2022 - two months after his death: at first under the article on causing death by negligence, later reclassified to negligence. The child's father appealed to the prosecutor's office, demanding to find out the role of doctors in his child's case.
Why the child died
The father of the child who died in the hospital in Chelyabinsk Dmitry Ershov after the repeated forensic medical examination intends to achieve clarification of the detailed causes of his death, for this he appealed to the Prosecutor General's office. As the man told "Izvestia", he was promised that they will check and take the case under control.
The investigation into the death of the newborn in the Chelyabinsk hospital has been underway for two years. The boy was born in late September 2022, according to his parents, premature, but completely healthy. But two weeks later, the baby passed away.
- "The pregnancy was long-awaited," Elena Ershova told Izvestia. - We were happy. Pregnancy went well, there were no problems. I took all the drugs, did tests, did not miss anything. The labor went quickly, the waters were clear. The child felt well, cried loudly. Inspected, he was fine.
However, a few hours after delivery, doctors informed the mother that the baby's condition had worsened, he was sent for treatment, and the woman was discharged home after some time. Doctors, according to the parents, told them that the boy allegedly had a heart defect and possibly Down syndrome. However, there were no documents confirming these diagnoses.
- As it turned out later, our child was vaccinated against hepatitis B without my written permission," she explained. - He was put on intubated ventilator, both lungs ruptured. On the recommendation of the maternity hospital, they transfused blood of the fourth group, although the son had the third.
After that, the mother said, there was brain edema, the child fell into a coma and died about two weeks later.
- We only found out about the coma from our son's medical records," the woman said.
At the end of December 2022, a criminal case was opened under the article on causing death by negligence due to improper performance of professional duties by a person. After the parents appealed to the head of the Investigative Committee, the case was reclassified as negligence.
Repeated examination
Forensic medical examination after the child's death was conducted in the Forensic Center of the SCR in Yekaterinburg, but the parents are extremely dissatisfied with the way the investigation was conducted.
-The materials of the criminal case, audio recordings, which confirm the negligence of medical workers in the death of our child, have been lost ," said the father. - When familiarizing ourselves with the expertise, we found that the investigator did not send these materials for examination, as well as additional questions we put to the experts. Histology materials from the corpse of our son were missing.
According to the man, the investigator quit and does not contact us.
- By this action, the investigator caused us huge damage, covering up for medical workers," he said.
The parents insisted on the exhumation of their son's body for an additional forensic medical examination. It took place in May 2024.
- A second autopsy revealed that all internal organs and the brain were completely missing," Dmitry Ershov explained. - The pathologist disposed of all the organs and the brain, thus he concealed the corpus delicti of the medical workers. We drew up a statement about the crime and took it to the Investigative Committee of the Chelyabinsk region. The criminal case on the death of our son is trying by all means to delay and close.
In the Investigative Committee "Izvestia" reported that the criminal case on the fact of death of a minor in one of the medical institutions of Chelyabinsk is in production.
-The case is being investigated intensively, a significant amount of necessary investigative and procedural actions have been carried out, including taking into account the arguments stated by the victims, - Vyacheslav Mishkin, an investigator for internal affairs of the first department for investigation of especially important cases of the Investigative Committee of the Investigative Committee of Russia for the Chelyabinsk region, told. - A complex set of complex forensic examinations has been conducted, including to assess the quality of medical care provided to the child, according to the results of which no shortcomings of medical care, which caused the death of the minor patient, have been revealed.
For the most complete investigation, as indicated by the representative of the IC, a second forensic examination of the quality of medical care is scheduled in the case, it will be conducted in an expert institution in Moscow.
- The final legal assessment of the actions or inaction of medical staff will be given with the results of the current repeated forensic examination, - said Vyacheslav Mishkin.
What threatens the perpetrators, if they are found guilty?
The article on negligence resulting in the death of a person provides for imprisonment of up to five years, recalled "Izvestia" lawyer of Lobutev and Partners Evgenia Privalova.
- The case was brought against unidentified persons, as it is impossible to identify the guilty party at this stage," she explained. - Several medical workers were involved in the treatment. To bring someone to criminal responsibility under the article "negligence", it is necessary to conduct a commission forensic medical examination. According to its results it is necessary to establish that there is a direct causal relationship between the actions of the doctor and the resulting consequences in the form of death.
The law provides for an additional criminal legal measure for this crime is deprivation of the right to engage in certain activities for up to three years, said Vladimir Kuznetsov, Chairman of the All-Russian Trade Union of Mediators.
- If measures were taken to cover up traces, this may be qualified not in favor of the suspects, other evidence will also be examined," the expert said.
Medical cases involving the deaths of patients are very difficult to investigate, emphasized Maxim Kalinov, a former IC investigator and criminal defense lawyer. And provided that the evidence is missing from the case, it will be almost impossible to prove guilt, he believes.
- We can only speculate who to involve, who was involved, why the organs were seized," the expert said. - At the same time, one cannot rule out the possibility that this is how the criminals tried to hide the traces of their crime.
Issues related to the deaths of children are under the control of Chairman of the Investigative Committee Alexander Bastrykin, recalled Evgenia Privalova.
- In this regard, the noise raised by the father of the dead child could have prompted the investigation to initiate criminal proceedings as soon as possible to avoid negative consequences for himself, - she said. - I believe that the dismissal of the investigator is not related to this incident. But it can't explain why a criminal case was not initiated for a long time.
In October 2023, the chairman of the Investigative Committee, Alexander Bastrykin, demanded from the head of the Investigative Committee of Russia for the Chelyabinsk region, Pyotr Reshetnikov, a report on the progress and results of the investigation of this criminal case. In October 2024, the head of the Investigative Committee demanded a report on the reasons for the red tape in this criminal case, and also instructed to speed up the completion of the investigation, on which he would submit a report.
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