Public Prosecutor Dariusz Korneluk exercising his power under Articles 7(3) and 18(2) of the Act of 28 January 2016. Law on the Prosecutor's Office (codification: Dz. U. 2024 item 390 as amended) issued present to the Prosecutor of the territory Prosecutor's Office in Gorzów Wielkopolski (referee of the case) an order to repeal the preventive measurement in the form of a temporary arrest, applied to Andria K. pursuant to the order of the territory Court in Gorzów Wielkopolski dated 13 April 2024 (Event No II Kp 38/24) in the preparatory proceedings conducted in the case of No. 3038-1.Ds.18.2024 – informed PK in a press release. We remind you that a “doctor” from Ukraine is suspected of killing a patient of the Provincial infirmary in Gorzów. This attitude shows that in law they are equal and equal and again proves that Ukrainians in Poland are above the law.
According to the PK press release, this decision was taken after the Preparatory Procedure Department of the National Public Prosecutor's Office carried out an in-depth analysis of the case file conducted in the territory Prosecutor's Office in Gorzów Wielkopolski under mention number 3038-1.Ds.18.2024, among others, against Andria K. suspected of a crime under Article 148 §1 kk, against which the Court applied a preventive measurement of an insulating nature for a period of 3 months.
This assessment indicates the request to supplement the evidence by obtaining key evidence, i.e. the expert opinion of a doctor, a squad of experts or a technological or specialised body to find whether the decisions taken by Andria K. towards the patient were correct and, if not, whether they were made due to a medical error. The conduct of that evidence and its detailed analysis will let for a appropriate legal and criminal assessment of Andria K's conduct and so the appropriate subsuming of the criminal law provision. This leads to the conclusion that the usage of provisional arrests against Andria K. at this phase of the investigation should be considered unfounded.
Why a Ukrainian doctor is accused of killing a patient
The charges against Andrija K., a doctor from Ukraine, are due to the decision not to take circulatory resuscitation in 86-year-old patients in critical condition due to extended abdominal ischaemia. The doctor separated the patient from life support, prompting another resident working in the same infirmary to study a suspected execution to the D.A.
The D.A. has filed charges against Andrij K. of murdering a patient and of not providing assistance. In addition to him, 2 nurses were besides charged with failing to supply assistance. The case sparked considerable controversy, resulting in the appointment of a commission at the Provincial infirmary in Gorzów and the holding of a press conference at which well-known professors defend Andrija K. They claim that this doctor has resigned from “difficult therapy” and would not make sense to resume CPR.
Also active in the defence of Dr. Andrija K. was the Chief Medical Council, which believes that this issue is highly crucial due to its character and possibly disastrous social consequences for the medical environment and patients. The NRL asked the lawyer General, Minister of Justice Adam Bodnar, to take over supervision of the preparatory proceedings regarding the criminal death of the patient.
Additionally, the lawyer General Adam Bodnar received a letter signed by more than 2,000 doctors, including professors who expressed concern over the temporary arrest of their colleague and expressed concerns that they were not exposed to akin charges without taking therapy that might prove futile.
The reactions of another doctors to this case show divisions among specialists on the explanation of existing medical standards in emergency situations. The ethical and legal conflict resulting from this case will require detailed examination by law enforcement authorities and medical institutions.
Daniel Głogowski
Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.
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The National Prosecutor's Office ordered the release from the detention of a doctor from Ukraine suspected of murdering a patient
