Second Examination Justifies Doctors of Soldier Who Died of Chickenpox

In 2011, Hayk Khachatryan died of chickenpox while in military service; experts involved in the second forensic examination claim that there has been no medical error.

Yesterday, Khachatryan’s court case continued at the Erebuni and Nubarashen District General Jurisdiction Court, where the soldier’s relatives sustained their boycott of the case.

During the court session, the Forensic Examination Commission President Zareh Ter-Avetikyan gave a testimony. He said that medicine is not strong enough to have universal instruments for all ailments. He also noted that there were no medical errors, but rather it was the soldiers ailment that was untreatable.

The double examination was decided by the court without a motion from either side. Hayk Khachatryan’s side’s representative, Mushegh Shushanyan, commented on the decision as an attempt to justify the accused surgeons. Shushanyan spoke with Epress.am, saying that the results of the second examination serve that very purpose. The results of the assessment note that the soldiers ailment was in such a state that the doctors' decision not to transfer him to the infectious diseases hospital was a correct one.

Shushanyan also said, that their side is boycotting the court session and only participating in the pleading stage, while only sending a written plea to the court. The plaintiff side is discontent with the entire trial process. Shushanyan notes that the pre-investigation was closed and was sent to the court without responding to the side’s motion. The relatives also sent a motion to recuse the prosecutor, which was also denied.

According to the pre-investigation results, the Kentron Clinic’s Military Hospital Neurological Division head, Lieutenant Colonel Minas Mkrtchyan and Armed Forces Head Surgeon Mikayel Mikayelyan have been accused of “Negligent attitude to service by a commander or official, which caused essential damage,” based on RA Criminal Code Article 376.1.

Shushanyan demanded that they try the two men with Article 376’s second part “The same acts, if they negligently caused grave consequences,” and article 130.2 “Failure to implement or improper implementation of professional duties by medical and support personnel. The same action, if it caused through negligence the patient’s death or AIDS infection.” The defendants have not been charged under these articles.