The mother of a young woman who died in a maternity hospital sued the Republican Perinatal center for 400 thousand rubles
18 March 2020
The Yoshkar-Ola city court of the Republic of Mari El issued a decision on compensation for non- pecuniary damage to the mother of Ekaterina B. in the amount of 400 thousand rubles.
On 1 April, 2017, Ekaterina B. died in the Republican Perinatal center due to untimely medical care.
We told you more about the case here.
“If you look at the case-law of the European Court of Human Rights for similar violations, at least 20 thousand Euros are collected. For our Republic, 400 thousand rubles is a fairly large amount, – says human rights activist Irina Protasova. "But in general, if we take into account the case-law of compensation for non-pecuniary damage in connection with the death of a person, which occurred due to improper performance by medical workers of their official duties, in this case, such compensation is not enough”.
“Yes, it is important for us that the Yoshkar-Ola city court found a violation of article 8 of the Convention on the protection of human rights and fundamental freedoms. But it is also important to understand that the state must create conditions for preserving human life, and medical workers must fulfill the positive obligations of the state. In this situation we believe that the state did not fulfill its obligations under article 2 of the Convention, and the Yoshkar-Ola city court did not take this aspect into account when assigning the amount of compensation,” human rights defender Sergei Poduzov comments on the court's decision.
The criminal case lasted for more than two years, and the term of criminal liability under the article causing death by negligence due to improper performance of a person's professional duties (article 109 of the criminal code, part 2) expired. However, this fact is not a non-rehabilitating reason, since the fault of the hospital's medical staff was proved in the Yoshkar-Ola city court's decision.
Investigatory management of the Investigation Committee of the Russian Federation for Mari El Republic made a decision to eliminate actions that led to the malfeasance that caused the death of a person. The decision specifies a list of violations committed by the Republican Perinatal center. It was sent to the Ministry of health of Mari El Republic for further elimination of violations.