Rus News Journal

In the Chelyabinsk area the hospital will pay 540 thousand native the boy who has died because of the doctor

Kaslinsky city court in the Chelyabinsk area has considered two claims from close relatives 10 - monthly kid Mishi Baharev, more two years ago the victim from - for incorrectly put by doctors of the diagnosis.

As already informed, the child has died of the slice which has got to a trachea of charcoal - the family of Baharevyh lives in the private house with oven heating. Having noticed that the child breathes as - that roughly, parents have suspected at once wrong, have caused the car and have gone to the nearest point first aid . However there, in the Central regional hospital where them have directed after survey, anxieties have not divided. To the choking kid have diagnosed - laringotraheit also have appointed inhalations. In 15 hours he has died.

Parents of Mishi, spouse Baharevy, and its two grandmothers have demanded to collect from hospital mental cruelty indemnification - to each suffered relative on a half-million of roubles. Thus, the sizes of the solidary claim have made two million roubles.

In a substantiation of the requirements relatives of the victim have declared, what even after a recognition court of guilt of doctor on duty TSRB of Olga Velizhaninoj before them anybody from the hospital personnel and has not apologised. And the Velizhanina sentenced for death on imprudence by two years of imprisonment with deprivation of the right to be taken by medical practice still two years, indifferently, continues to work in hospital.

Having studied circumstances of business, the court has come to a conclusion that Kaslinsky TSRB is obliged to bear responsibility for the moral harm caused to relatives of the lost kid by the doctor - the pediatrist Olga Velizhaninoj as it consisted and continues to consist in labour relations with hospital. And according to the Civil code of the Russian Federation the employer is obliged to compensate the harm caused by its worker at inadequate performance of the functions.

the Fault of the doctor has been proved in September of last year. The court has established that at survey of child Vylezhanina has not executed an obligatory minimum of inspections which would allow to make the correct diagnosis, has negligently concerned execution of a medical debt, and as condemned the fault did not recognise and to smooth down it before relatives of the lost child has not tried, they are competent to demand indemnification of a damage from its employer.

the Representative Kaslinsky TSRB with claim requirements has agreed, but has informed that at hospital as the budgetary establishment, is not present own means for indemnification payment. The manager of budgetary funds is the administration of Kaslinsky area that is why claim the requirement it is necessary to readdress to it. That to doctor Velizhaninoj it from - for shortages of experts have not dismissed, and have temporarily translated on a post of the methodologist. Medical practice she, according to the representative of hospital, according to a judgement any more is not engaged.

Arguments of hospital that it has no means for payment to claimants of indemnification of moral harm court in attention are not accepted. As legal body TSRB, has the isolated property, can get and carry out on its own behalf property rights, carry out duties and bear responsibility.

However the sizes of the claim have been reconsidered according to existing judiciary practice. In favour of each of parents of the lost kid the court has collected on 200 thousand roubles of mental cruelty. Grandmothers will receive 140 thousand more. Besides, the hospital compensates to the suffered family all legal cost.