Neither the doctors nor the State accept their obligation to provide compensation for the violation of the right to life
16:49, August 2, 2018 | News, Own news | Lia Misakyan
On August 1, 2018, the General Jurisdiction Court of Yerevan resumed the examination of the claim for material and moral compensation submitted by the legal successor of two-year-and-three-month-old Lia Misakyan, who died at Arabkir Medical Center on January 2, 2013, and considered the trial completed.
It should be recalled that Zarine Ayvazyan and Lilit Vardanyan, doctors at the center, were deprived of freedom on December 22, 2015 for the improper implementation of professional duties, without imposition of an additional penalty. On June 24, 2016, on the basis of the complaint filed by HCA Vanadzor Chairperson Artur Sakunts and advocate at the Organization’s representative office in Yerevan T. Siradeghyan, i.e. the representatives of Lia Misakyan’s legal successor, the RA Court of Cassation sent the case in regard to imposition of an additional penalty to the court of first instance for a new examination. Now it is examined by the General Jurisdiction Court of Yerevan.
Through the application submitted to the court, G. Misakyan, L. Misakyan’s legal successor, and his representatives, namely HCA Vanadzor advocates Arayik Zalyan and Ani Chatinyan, demanded from the Republic of Armenia represented by the RA Ministry of Finance to confiscate from “Arabkir Joint Medical Center-Institute of Child and Adolescent Health” LLC and doctors at Arabkir Medical Center L. Vardanyan and Z. Ayvazyan 15,000,000 AMD as compensation for moral damage and 1,690,000 AMD as compensation for material damage.
Previously, all the respondents considered themselves as improper respondents; the RA Ministry of Finance did not see a causal link between the actions of the Republic of Armenia in the response to the claim and the damage caused to the claimant. Neither did the ministry see an obligation for the State to provide compensation for the damage.
The representative of Arabkir Medical Center expressed the opinion that the medical center was not at fault in causing the damage; it is not considered a state institution, and no compensation shall be provided in the meaning of the RA Civil Code.
The representative of Z. Ayvazyan, the doctor charged with causing the child’s death, found that no evidence was presented with regard to the claim for compensation for material damage and he had no obligation to provide compensation for non-material damage. L. Vardanyan claimed that she was not at fault at all and asked the Court to reject the claim.
Nevertheless, the claim submitted to the Court presents thoroughly presents the guilt of each one of the respondents and why they shall repair the damage.
At the court session held yesterday, Ani Chatinyan presented the claim and its arguments. Among other positions, she reaffirmed the position expressed in the claim, according to which the State bears the responsibility for ensuring a person’s right to life in medical institutions as the person is under the supervision of the State.
The Court considered the trial completed. In addition, it requested the originals of the documents existing in the case and scheduled the next court session for 3.00 pm on October 18, 2018.