On September 24, 2018, the RA General Jurisdiction Court of Yerevan decided to impose additional penalty for Arabkir MC doctors Lilit Vardanyan and Zarine Ayvazyan charged with the death of twenty-seven-month-old Lia Misakyan’s death who died in January, 2013. However, they will be released from serving the punishment, since the statute of limitations has expired.
Despite the fact that the doctors will not serve their punishment, the Court made noteworthy observations in the verdict concerning the grounds for depriving the charged doctors of their right to practice pediatrics.
Back on June 15, 2015, the doctors were sentenced to imprisonment of 2 years and 2 years, 6 months respectively and at the same time were released from serving the punishment through amnesty. Nonetheless, the Court did not decide on imposing additional punishment in the form of depriving the doctors of their right to practice pediatrics.
Lia Misakyan’s successor’s representatives – HCA Vanadzor chairman Artur Sakunts and HCA Vanadzor lawyer Tatevik Siradeghyan – appealed the judgment in these terms. On June 24, 2016, as a result of the appeal, the RA Court of Cassation referred the case to the Court of First Instance to examine it with regard to imposing additional punishment.
In the decision of September 24, 2018, Yerevan Court of General Jurisdiction recorded that on-duty doctor Lilit Vardanyan made a flawed diagnosis, did not assign all the necessary examinations and treatment which would prevent the development of the illness and would result in them managing to save the child’s life.
The Court also referred to Lilit Vardanyan’s inaction, since assigning a complete blood count, she did not make sure that the test be done on the very same day, whereas the laboratory worked around-the-clock and it was possible, especially given the fact that complete blood count could be essential – based on it, the pediatrics on duty diagnosed the patient’s grave condition on January 2, 2013.
With regard to Zarine Ayvazyan, who accepted the duty shift from Lilit Vardanyan, the Court recorded that she expressed apparent inaction, did not do her professional duties by showing unconscientious attitude to them. Despite the fact that during her duty the results of complete blood count were ready and indicated a serious problem, she did not initiate any action. Whereas, making a precise diagnosis based on it would give an opportunity of treatment and healing.
The Court recorded, ‘’Improper performance of professional duties by Lilit Vardanyan who expressed negligent attitude towards them and inaction of professional duties by Zarine Ayvazyan, on January 2, 2013, caused Lia Mosakyan’s death by negligence’’.
Assessing the doctors’ actions and their consequences, as well as the need to prevent such crimes, the Court concluded that additional punishment in the form of depriving of the right of pediatrics practice must be imposed, since they committed the crime when working as pediatricians. Moreover, their working in the same MC and being positively assessed by the MC managers does not reduce the extent of their action’s danger.
Therefore, the Court decided to deprive the doctors of the right to practice pediatrics for two years, but also took into account the fact that 5 years had passed since the day of the crime until the decision of the Court came into force and during that time, the defendants did not do any action envisaged by the Criminal Code, that is to say, the statute of limitations had expired and the Court released them from serving the punishment.