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As Milda Bučnytė, representative of the Kaunas Regional Court, informed BNS, the appeal requests that the examination of the evidence be resumed, that the judgment of the Kaunas District Court of 16 March be annulled and that the convicted surgeon be acquitted.
The first hearing on this complaint is scheduled for June 3.
Ž. Kristadas Ašmys, a lawyer representing Saladžinskas, told BNS that, in his opinion, the trial court unreasonably followed the opinion of two experts with theoretical knowledge and rejected the conclusions of experts with practical knowledge.
“In court, theorists have specifically said that no one has ever operated on a living person, contrary to expert practice. I don’t think that’s the case, whether it’s a medical case or any other case. After all, it probably isn’t. We would invite an expert to comment on a car accident case when that expert does not have a driver’s license, ”said K. Ašmys.
The surgeon’s advocate also emphasized that in abdominal surgeries, even if everything is done according to scientifically approved methods, there is still a high probability of complications and Ž. Saladžinskas acted within the framework of professional risk, therefore he should be released from criminal liability.
“Of course, we believe that the patient’s family has suffered undoubted damage, because the patient came to the institution to be healed and died. But that damage was not really the fault of the doctor. This must be compensated by the state, either through from a special fund or an institution, “said the lawyer.
According to M. Bučnytė, the Kaunas court of the Lithuanian University of Health Sciences (LSMU), who are civil defendants in the case, also appealed against the previous court verdict. They also ask Ž. To acquit Saladžinskas and resolve non-pecuniary damages in civil proceedings.
If the court decides to resolve the issue of damages in a criminal case, a reduction in the amount of damages is requested.
Kaunas District Court Ž. Saladzinska was sentenced to two years in prison for careless deprivation of life and failure to fulfill his duties, with a sentence of one and a half years. He was also fined € 753 and banned from working in medical facilities for two years.
According to the judicial decision, the Kaunas Clinic is obliged to compensate 120 thousand victims. Non-pecuniary damage.
According to the case file, in 2015, the surgeon performed surgery to remove the patient’s colon tumor, but before that, he did not perform all of the necessary tests to clarify the diagnosis.
During the operation, the doctor damaged the woman’s spleen, developed bleeding and the spleen was removed, and during this procedure, the pancreas developed acute inflammation of the pancreas and the patient died.
Three relatives of the patient filed a civil lawsuit: the life friend of the deceased, his son and granddaughter, who requested a total of approximately 240,000. Non-pecuniary damage.
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