The Balkhash City Court found the head of the surgical department of Balkhash's multidisciplinary hospital guilty of negligence, which led to the death of a local woman, Meruert Aulbayeva. However, as reported by the victim's brother, the doctor will not face punishment due to the expiry of the two-year statute of limitations for criminal prosecution in this category of cases.
Meruert Aulbayeva's brother - Aitbek reported that during the trial the defendant fully admitted guilt for the improper performance of professional duties. The court established that the doctor was negligent in his duties, incorrectly diagnosed the patient and wrongfully failed to operate on her for a week despite purulent peritonitis.
It is noted that the doctor performed a total of three operations with critical violations. He performed the first appendectomy (operation to remove the appendix) poorly, carried out the second operation alone without a consultation involving regional specialists, despite developing sepsis. During the third operation, he made fatal errors that led to the patient's death.
At the same time, according to Aitbek Aulbayev, despite the established guilt, the doctor was released from criminal liability due to the expiry of the two-year statute of limitations.
It is worth recalling that the tragedy occurred in 2023, when Meruert Aulbayeva repeatedly went to the Balkhash hospital with severe pain and a high temperature. However, she was refused hospitalisation there several times.
Only after a private ultrasound on 27 July was a purulent mass about eight centimetres in size detected. Despite the requirement for an operation within two hours, the doctors opted for a watch-and-wait approach.
The operation was only carried out on 3 August by the head of the surgical department, who was later charged. By the beginning of October, sepsis had developed, requiring several operations.
On 6 November 2023, Meruert died from multiple organ failure (the simultaneous failure of two or more vital organs). A forensic medical examination established a direct link between the doctors' actions and the patient's death.
It is noted that during the investigation, numerous alterations were found in the patient's medical record, made after her death. On 8 November 2023, an entry about Crohn's disease, dated 4 November and signed by the attending physician, was added to the record.
In total, more than 200 changes were made to the medical record after the patient's death. Crohn's disease was subsequently never confirmed.
Commenting on the court's decision, Aitbek Aulbayev wrote:
"That we were able to bring this case to court and get the defendant to confess is far more than I was predicted to achieve. I am satisfied that the defendant's guilt has been proven and that the court has found him guilty. But I am not satisfied that justice has prevailed and that the defendant has avoided punishment."
The two-year statute of limitations for cases of fatal medical negligence is not a protection for patients, but rather a loophole for the guilty. While examinations, investigations and trials are ongoing, time runs out automatically.
Meruert Aulbayeva's family has walked a path that most people do not even dare to begin. They achieved an admission of guilt, which is more than most victims of medical errors receive.
The issue is not about a specific doctor in Balkhash. The question is how many more such cases will be closed due to the statute of limitations, and when the system will start working for those who need it.