Постановление Европейского суда по правам человека от 30.09.2010 «Дело Корогодина (Korogodina) против России» [англ.]

had undergone medical treatment. She alleged, inter alia, that her son had died due to the doctors' failure to diagnose him correctly.
37. On 21 September 2004 the court commissioned a forensic medical expert report. The report was completed on 28 June 2006. The experts concluded that there was no causal link between the deficiencies in the medical treatment Mr Korogodin had received and his death. They further opined that the medical treatment had not caused any harm to Mr Korogodin's condition. His death had resulted from the pathological development of pneumonia.
38. On 17 April 2006 the Sovetskiy District Court of Orel dismissed the applicant's claims. The court found that the doctors' failure to diagnose Mr Korogodin correctly on 22 October 2000 and a delay in his committal to hospital had not had an adverse impact on his condition. The diagnostics methods and treatment employed by the doctors had been correct but could not have prevented Mr Korogodin's death. The court based its findings on the testimonies given by the applicant, the medical professionals involved in her son's treatment, the four forensic medical expert reports and the materials of the criminal investigation.
39. On 14 June 2006 the Orel Regional Court upheld the judgment of 17 April 2006 on appeal.

2. Claim for compensation for damage
against the prosecutor's office

40. On 27 January 2004 the applicant sued the Orel Regional Prosecutor's Office for damage caused allegedly by the inadequate and lengthy investigation into her son's death.
41. On 20 May 2004 the Sovetskiy District Court of Orel dismissed the applicant's claims.
42. On 7 July 2004 the Orel Regional Court upheld the judgment of 20 May 2004 on appeal.

II. Relevant domestic law

A. Fundamental Principles of Legislation
on Public Health Protection

43. The relevant provisions on liability provide as follows:
Article 66. Grounds for health damage compensation
Those liable for causing damage to persons' health shall pay the latter compensation for damage in the amount and pursuant to the procedure as set forth by legislation of the Russian Federation...
Article 68. Liability of medical professionals and pharmacists for infringement of persons' rights in the domain of public health
In the event of a violation of persons' rights in the domain of public health caused through the negligent failure of a medical professional or a pharmacist to carry out their professional duties and resulting in harm to health or death, compensation for damage shall be recovered in accordance with Article 66...
The compensation of the damage shall not excuse the medical professionals and pharmacists from disciplinary, administrative or criminal liability as provided for in [federal and regional] legislation.

B. The Civil Code

44. The general provisions on liability for damage read as follows:
Article 1064. General grounds for liability for causing harm
"1. Damage inflicted on a person or on the property of an individual... shall be compensated in full by the tortfeasor...
2. The tortfeasor shall be released from liability to compensate the damage if he proves that the damage was inflicted through no fault of his own..."

C. The Criminal Code

45. Article 109 § 2 of the Criminal Code provides that a person who negligently causes the death of another person through the failure to duly carry out his professional responsibilities, shall be criminally liable and may be sentenced to a restriction of liberty or imprisonment for up to three years with or without a forfeiture of the right to practise the profession during the said per

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