Lack of effective investigation into patient’s death in a hospital after surgical procedures
JUDGMENT
Vlase v. Romania 24.07.2018 (no. 80784/13)
SUMMARY
Penal proceedings for homicide from medical negligence. The deceased was admitted to a military hospital where he was examined. He was diagnosed with a gastro-duodenal ulcer caused by a bacterial infection. Surgery was done. After post-operative complications, he underwent two further interventions carried out by the same medical team and his health condition worsened due to bleeding and then died. The case was closed without an in-depth investigation of the causes of death.
Violation of the right to life due to ineffective investigation (Article 2 procedural aspect).
PROVISION
Article 2
PRINCIPAL FACTS
The applicants, Elena Vlase and Ioana Ortensia Vlase, are Romanian nationals who were born in 1952 and 1974 respectively and live in Braşov. They are the wife and daughter, respectively, of N.V., who died in Braşov Military Hospital on 13 January 2012.
On 7 December 2011 N.V. was admitted to a military hospital, where he underwent a check-up. He was diagnosed with a gastroduodenal ulcer caused by a bacterial infection. He was referred to a doctor who recommended surgery. Following post-operative complications, he underwent two further operations, carried out by the same medical team, and later a feeding tube was installed. On 6 January 2012 the presence of new bacteria was discovered. On 9 January 2012 N.V.’s state of health deteriorated owing to haemorrhaging. He died on 13 January 2012.
The applicants lodged a complaint of manslaughter with the Braşov Court of First Instance. An investigation was immediately launched, and several expert assessments were conducted. In August 2014 the applicants complained to the court about the delays in proceedings. On 22 September 2014 the prosecutor’s office with Braşov County Court brought criminal proceedings for manslaughter. On 3 June 2015 the prosecution decided to discontinue the case as the prosecutors had discovered no criminal negligence attributable to the doctors involved. The applicants, unsuccessfully, challenged that decision, and then lodged a legal challenge in court, which was referred to the prosecutor’s office with the Braşov Court of Appeal. That court acceded to the challenge, and decided that the prosecutor’s office with the Cluj Military Court held jurisdiction for the case. On 18 May 2017 the Cluj Military Court ordered the discontinuance of the complaint.
The applicants’ challenge was dismissed.
By order of 22 May 2017, the Cluj Military Court referred the case to the Braşov Court of First Instance. The proceedings are still pending.
Relying, in particular, on Article 2 (right to life) of the European Convention on Human Rights, the applicants complained of the lack of an effective investigation following their criminal complaint concerning N.V.’s death.
THE DECISION OF THE COURT
Violation of Article 2 (investigation)
Just satisfaction: 12,000 euros (EUR) (non-pecuniary damage) and EUR 5,038 (costs and expenses)(echrcaselaw.com editing).
