For the first time in the history of Kyrgyzstan, compensation for moral damage in the amount of $ 23.6 thousand (2 million KGS) will be recovered from state bodies. This was reported in the Legal Clinic “Adilet”.
In 2010, a one-year-old boy suffered a serious head injury in an accident and fell into a coma. The child was taken to the hospital, where he received a blood transfusion and was injected with plasma. Due to the negligence of the medical staff, the donor’s blood was not tested properly. As it became known later, there was HIV infection in the blood. As a result, the doctors’ mistake led to the fact that a healthy boy became infected with HIV.
In 2011, the Prosecutor General’s Office opened a criminal case on the fact that a child was infected with HIV due to improper performance by medical workers of their professional duties. As a result of the investigation, charges were brought against two medical workers, and the case was sent to court. They were found guilty but released from punishment due to the lapse of time.
In November 2019, the boy’s mother applied to the public foundation “Legal Clinic Adilet” for legal assistance on the issue of recovering moral damage from the local hospital and the Ministry of Public Health.
“As a result of litigation, which lasted more than a year, the courts of the republic made a decision to collect $ 23.6 thousand (2 million KGS) from the said local hospital and the Ministry of Public Health in favor of the injured child. This court’s decision is extremely important for the judicial practice of Kyrgyzstan, since such a high amount of moral damage will be recovered from the state bodies for the first time,” the Legal Clinic emphasized.
It should be added that the work is currently underway to enforce court’s decisions to make the actual payment of money.
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