Ilyashev & Partners Secures Recovery of Damages Following Patient’s Death at Private Clinic

11/ 09/ 2024

Ilyashev & Partners Law Firm successfully represented a private client and secured a payment of fair and reasonable compensation in an out-of-court procedure in connection with the death of a family member, resulting from medical malpractice occurred in one of the Kyiv city private clinics. The clients family member received treatment at a private medical facility in 2023. Due to improper treatment, the patient died. The case was complicated by the fact that the medical institution had repeatedly refused to provide the deceased patient’s family with its medical records for familiarization, including postmortem ones. The family of the deceased patient sought legal assistance from Ilyashev & Partners to receive compensation for non-pecuniary damage and reimbursement of treatment funds. To protect the client’s interests, Ilyashev & Partners initiated urgent negotiations on the out-of-court dispute settlement, which lasted four months, from April to August 2024, with the medical institution management. During this time, Ilyashev & Partners’ team collected irrefutable evidence that the medical institution staff had committed malpractice in the treatment of the deceased patient, resulting in death. After the evidence was collected, the management of the private medical institution was offered with the out-of-court dispute settlement without involving law enforcement and regulatory authorities, as well as forensic experts. Effective communication, evidence and arguments collected persuaded the private medical institution management to enter into an amicable agreement with the deceased patient’s family. This agreement satisfied all Ilyashev & Partners client claims. The case was handled by Alla Tsymanovska, Attorney at Law at Ilyashev & Partners. “In this case, it was critical for the client to settle the dispute within a short period of time and receive compensation. We initiated negotiations with the medical institution and did not have to register criminal proceedings nor hear the case in court, – Alla Tsymanovska said. – These proceedings were closed within the shortest possible time. Therefore, seeking legal assistance as soon as possible is essential. This will significantly reduce the negotiation period and help with collecting evidence. Legal liability of medical workers can be not only criminal but also civil.”

The client’s family member received treatment at a private medical facility in 2023. Due to improper treatment, the patient died. The case was complicated by the fact that the medical institution had repeatedly refused to provide the deceased patient’s family with its medical records for familiarization, including postmortem ones. The family of the deceased patient sought legal assistance from Ilyashev & Partners to receive compensation for non-pecuniary damage and reimbursement of treatment funds.

To protect the client’s interests, Ilyashev & Partners initiated urgent negotiations on the out-of-court dispute settlement, which lasted four months, from April to August 2024, with the medical institution management. During this time, Ilyashev & Partners’ team collected irrefutable evidence that the medical institution staff had committed malpractice in the treatment of the deceased patient, resulting in death. After the evidence was collected, the management of the private medical institution was offered with the out-of-court dispute settlement without involving law enforcement and regulatory authorities, as well as forensic experts.

Effective communication, evidence and arguments collected persuaded the private medical institution management to enter into an amicable agreement with the deceased patient’s family. This agreement satisfied all Ilyashev & Partners’ client claims.

The case was handled by Alla Tsymanovska, Attorney at Law at Ilyashev & Partners.

“In this case, it was critical for the client to settle the dispute within a short period of time and receive compensation. We initiated negotiations with the medical institution and did not have to register criminal proceedings nor hear the case in court, – Alla Tsymanovska said. – These proceedings were closed within the shortest possible time. Therefore, seeking legal assistance as soon as possible is essential. This will significantly reduce the negotiation period and help with collecting evidence. Legal liability of medical workers can be not only criminal but also civil.”