A doctor of a healthcare institution who commits a crime under Art. 140 of the Criminal Code of Ukraine by failing to properly perform professional duties must reimburse the hospital for the costs of treatment of the victim - CrimCC

This conclusion was reached by the Criminal Cassation Court within the Supreme Court following the consideration of case No. 712/5139/20.

In this criminal proceeding, an obstetrician-gynaecologist was convicted under part 2 of Article 140 of the Criminal Code of Ukraine, as her improper provision of medical care to a woman in labour led to asphyxiation and subsequent death of the newborn. The prosecutor, in the interests of the state represented by the regional council, which is the administrator of the funds of the children's hospital where the obstetrician-gynaecologist worked, filed a civil claim against the latter for compensation for damage caused by the criminal offence related to the treatment of the newborn, as this treatment was the result of the doctor's improper performance of her duties. The courts of previous instances dismissed the prosecutor's civil claim.

The Supreme Court cancelled the decision of the court of appeal in part of the civil claim and ordered a new trial in the court of appeal, stating that in the civil claim the prosecutor referred to the provisions of Article 1206 of the Civil Code of Ukraine, according to which a person who has committed a criminal offence is obliged to reimburse the costs of the healthcare institution for the treatment of the victim of that criminal offence. That is, the question was not about compensation by the doctor for material damage suffered by the victims as a result of improper performance of her official duties, which is regulated by Article 1172 of the Civil Code of Ukraine, but about compensation for damage consisting of treatment costs (Article 1206 of this Code). Thus, the reimbursement of expenses to a healthcare institution for the treatment of a victim of a criminal offence is not from the legal entity with which the perpetrator of the crime has an employment relationship, but exclusively from the person who committed the criminal offence.

Resolution of the Criminal Cassation Court of the Supreme Court of 18 December 2024 in case No. 712/5139/20 (proceedings No. 51-4203km24) - https://reyestr.court.gov.ua/Review/123949288.

This and other legal opinions of the Supreme Court are available in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.