Compensation from the state budget or from doctors?16:15, August 2, 2017 | News, Own news | Right to Life | Lia Misakyan
The General Jurisdiction Court of Kentron and Nork Marash administrative districts of Yerevan resumed examination of the claim on compensation of material and moral damages of the successor of 2-year-and-3-month old Lia Misakyan who died at ‘Arabkir’ Medical Center on January 2, 2013.
By their claim, L. Misakyan’s successor G. Misakyan and his representatives Arayik Zalyan and Ani Chatinyan, lawyers at HCA Vanadzor, demand to seize 15.000.000 AMD as compensation for moral damage and 1.690.000 AMD as compensation for material damage from the Republic of Armenia, represented by the RA Ministry of Finance, ‘Arabkir’ Joint Medical Center and Institute of Child and Adolescent Health LLC and L. Vardanyan and Z. Ayvazyan, doctors at ‘Arabkir’ medical center.
The claim is based on Article 162.1 of the RA Civil Code stating that in case of any violations of the right to life, the right to be free from torture and the right to liberty and security of person as prescribed by the European Convention on Human Rights due to any action or inaction by the national or local government, the victim or his/her successor shall have the right to require non-material damage compensation.
Article 17 of the said Code justifies the claim for material damage compensation.
The 1st court hearing on the case was held on June 8, 2017; at the hearing, plaintiff’s representative Ani Chatinyan asked the Court to provide the responses of ‘Arabkir’ Medical Center and the doctors to the claim.
Before, the RA Ministry of Finance submitted a response to the claim asking the Court to declare it improper defendant, seeing no causal link between any actions of the Republic of Armenia and the damage and considering that the RA is not under obligation to compensate for any damages.
At the court hearing of July 28, 2017, the plaintiff party also got the response of ‘Arabkir’ Medical Center and doctors Lilit Vardanyan and Zarine Ayvazyan to the claim.
In the former, the representative of ‘Arabkir’ Medical Center stated that the damage was not caused by the fault of the Medical Center; it was not considered a public institution and should not provide any compensation in the sense of the RA Civil Code. Also, the Medical Center’s representative does not consider reasonable the amount of the moral damages and asks the Court to reject the claim.
In his response to the claim, Zarine Ayvazyan’s defense attorney insists that it is not Zarine Ayvazyan, but rather the Republic of Armenia that should provide compensation from the state budget.
And in his response to the claim, Lilit Vardanyan’s defense attorney not only considers baseless the claim for damage compensation, but also doubts the court judgment that found Lilit Vardanyan guilty.
Whereas, the claim filed with the Court details on the guilt of each of the defendants and the reasons why they should compensate the damages. Moreover, at the pre-trial court hearing of July 28 as well, plaintiff’s representative Ani Chatinyan, lawyer at HCA Vanadzor, provided grounds for involving the Republic of Armenia represented by the Ministry of Finance among the co-defendants. She noted that the state is responsible for ensuring the right to life of any person at medical facilities as such person is under the control of the state. And we cannot rule out the responsibility of the state in the case of a child who died some time after being taken to medical facilities.
The next court hearing is scheduled for December 15, 2017, 11:30 am.