The Ingushetia Supreme Court ordered a hospital to pay 1 million roubles to Makka Doskhoyeva, who lost her child during child birth and was left unable to have further children in the future because of a doctor’s negligence.
The events occurred in the summer of 2007. Doskhoyeva was twice hospitalised in the inpatient facility at Malgobek Hospital No. 1, but doctors failed to diagnose correctly either the state of the baby and the mother. In July 2007, the baby died during emergency surgery, and Doskhoyeva was left unable to have children.
A criminal case was opened in July 2007, under Part 2, Article 118 of the Criminal Code (causing accidental serious harm to health). The investigation found that numerous violations occurred in the monitoring of Doskhoyeva’s pregnancy and during the operation. The Republic of Ingushetia Forensic Medicine Bureau confirmed that the baby could have been saved and the mother’s health protected if a caesarean had been performed in time.
But the investigation suffered numerous delays due to “the impossibility of establishing the guilty persons”. Lawyers working with Russian Justice Initiative filed an application against the hospital under civil law in the Malgobek City Court.
“The court ordered the hospital to pay Makka Doskhoyeva 150,000 roubles as compensation for loss of the baby and loss of her reproductive function. The Supreme Court of the Republic of Ingushetia overturned the city court’s decision and ordered compensation of 1 million roubles”, said Rustam Matsev, lawyer with Russian Justice Initiative.
Russian Justice Initiative is handling a number of cases concerning failure to provide medical assistance. The success criteria for such cases are set out in the section Our Partners and Joint Projects.