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ECHR communicates case of malpractice that ended in brain damage and paralysis to Government


https://www.ipn.md/public/index.php/en/echr-communicates-case-of-malpractice-that-ended-in-brain-damage-7967_1089871.html

The European Court of Human Rights (ECHR) communicated to the Government of the Republic of Moldova a new case concerning the violation of human rights. The application refers to medical negligence and absence of an effective investigation. It goes to a case of general anesthesia for pulling out a tooth performed on November 29, 2011 in a child aged eight (son of plaintiff), which resulted in cardiac arrest and a coma that lasted for several months. The boy remained with serious brain damage and complete paralysis, IPN reports.

At the ECHR, the plaintiffs are represented by lawyers of Promo-LEX Association. In a press release, the Association says that the investigation that was started at the request of the boy’s mother Virgilia Căldărari on September 18, 2012 was interrupted repeatedly for the reason that no elements of an offense were found. The case was every time opened by the judge of inquiry who identified faults in the probe. The last time the case was reopened on February 17, 2017.

The ECHR invited the Government of the Republic of Moldova to provide information about the conducted investigation and the ways of appeal available at the national level and to also present copies of the relevant documents and information about the use of Halothane (anesthetic) and the position of Moldovan experts.

“The inefficiency of the justice system in investigating and punishing such cases points to a vicious circle in which no one is protected,” said Promo-LEX lawyer Dumitru Slyusarenko.