Friday, September 30, 2016

The lawyer assessed the prospects of the blinded patients of the eye clinic of the Moscow – RIA Novosti

30.09.2016

(updated: )

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MOSCOW, 30 Sep — RIA Novosti. Patients who, according to media reports, was blind in one eye care clinics in Moscow, can count on compensation in the amount of 300 thousand to 3 million rubles, and the perpetrators of the use of substandard medicines must be brought to criminal responsibility, said the famous Russian lawyer Oksana mikhalkina.

According to media reports, nine patients one of the capital’s eye hospitals have lost sight while providing them with medical services. From the information, it also follows that a possible cause of vision loss citizens was the introduction of poor-quality medicines, said RF IC. This fact has been investigating the health Ministry and the Investigative Committee of the Russian Federation.

Negligence or deliberate damage

“this fact should be prosecuted at least under article 293 of the criminal code (negligence). If the damage was done intentionally and to restore people’s vision will be impossible, it must be qualified under part 3 of article 111 of the criminal code (infliction of grievous bodily harm), the maximum penalty for which is up to 12 years of imprisonment,” — said mikhalkina.

the Lawyer called the case “egregious,” noting that this clinic is a very respected medical institution of world renown. “We need to conduct a comprehensive investigation, to appoint an expert examination to establish a cause-effect relationship is harmed health of patients through the fault of employees of the hospital or the drug was originally of poor quality. In the latter case, the fault lies with the manufacturer,” — said mikhalkina.

In her opinion, even if the fault for the poor quality of the drug lies in the pharmaceutical company, it does not remove all responsibility from the leadership of the clinic, the head of which should incur disciplinary liability.

Possible compensation

the Victims, said the lawyer also have the right to compensation of damages. “Because it is a matter of causing harm intentionally or negligently, we are not talking about a civil case, but the statement of claim in a criminal case,” — said mikhalkina. She added that in this case the material is the responsibility of the clinic.

“the Issue of recovery of the damage is extremely painful. If Europe and the US we are talking about multi-million dollar lawsuits, we have the life of patients is valued much less. In General practice, patients can expect to be compensated in the amount of 300 thousand to 3 million rubles. Three million can be recovered only in case of disablement”, — said the lawyer.

the Lawyer explained that the practice on this issue is not regulated, the decision about the amount of compensation is left to the discretion of the courts.

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