MOTION TO PUT ADDITIONAL QUESTIONS TO THE EXPERT
To the Investigator of the Inquiry Departmentof the Almaly
District Police Departmentof the Police Department of AlmatyNazira U.B.
from Attorney: Sarzhanov Galymzhan Turlybekovich
Law Firm “Zakon i Pravo”BIN 20124002176779 Abylai Khan Avenue, Office 304,Almaty
, Republic of Kazakhstaninfo@zakonpravo.kz / www.zakonpravo.kz+7 708 971 78 58
Representing the interests of: G.A.IIN ...
180 K.B. Street, Apt. 113,Almaty, Republic of Kazakhstan+7 707 ....
MOTION
to Put Additional Questions to the Expert
A criminal case is pending before the Inquiry Department of the Almaly District Police Department, registered in the Unified Register of Pre-Trial Investigations (ERDR) under No. 257511031000798 pursuant to Article 317, Part 1 of the Criminal Code of the Republic of Kazakhstan, based on the statement of O.A.T. against V.A.A. and G.A.A.
Pursuant to Article 65-1, Part 2, Paragraph 13 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter – the CPC), a witness with the right to defense has the right to file motions concerning his or her rights and legitimate interests, including motions for the conduct of an expert examination and the application of security measures.
According to the case materials, on 17 October 2024, at City Clinical Hospital No. 5, Department of Maxillofacial Surgery (MFS), in Almaty, patient O.A.T. underwent a surgical procedure performed by physician Tym R.E., which included extraction of tooth 2.7 (27), removal of filling material from the maxillary sinus, curettage of the tooth socket, and hemostasis.
Given that the above intervention was surgical in nature and was performed following dental treatment provided by G.A.A., it could have resulted in its own complications, altered the clinical picture of the pathology, or otherwise affected the subsequent health condition of the injured party, O.A.T.
In view of the need to ensure a comprehensive, complete and objective examination of the circumstances of the case, and pursuant to Articles 24, 270 and 272 of the CPC of the Republic of Kazakhstan, for the purpose of differentiating the causes of the adverse consequences and determining whether there may be a causal relationship with the actions of the physicians of the MFS Department of City Clinical Hospital No. 5,
Part 5 of Article 272 of the CPC also provides that an expert examination may be ordered at the initiative of participants in the proceedings who defend their own rights and interests or the rights and interests they represent. Participants in the proceedings who defend their own rights and interests or the rights and interests they represent shall submit to the body conducting the criminal proceedings, in writing, the questions on which, in their opinion, the expert should provide an opinion, specify the objects of examination, and identify a person who may be invited to act as an expert.
Based on the foregoing and pursuant to Articles 99 and 272 of the CPC of the Republic of Kazakhstan,
I HEREBY REQUEST:
• To order a forensic medical examination in respect of physician Ta R.E. of the MFS Department of City Clinical Hospital No. 5, Almaty, in order to establish whether there were any violations in the provision of medical care to O.A.T. on 17 October 2024, as well as whether there is a causal relationship between his actions and the adverse consequences suffered by the injured party, O.A.T.;
• To include the following additional questions in the order appointing the expert examination:
1. Is there medical evidence confirming that the filling material entered the maxillary sinus as a result of the actions specifically of G.A.A., rather than as a result of the surgical intervention performed by physician Ta R.E. at City Clinical Hospital No. 5 on 17 October 2024?
2. Could the inflammatory process, pain syndrome, impaired occlusion, and other complaints of O.A.T. have been caused by the actions of physician Ta R.E. during the extraction of the tooth and removal of the material from the maxillary sinus, or could they have resulted from postoperative complications?
3. Do the operative report, progress notes, and other medical records of the MFS Department of City Clinical Hospital No. 5 contain information indicating the presence or development of postoperative complications that could have affected the health condition of the injured party?
4. Are there indications that the deterioration of O.A.T.’s health condition occurred after the intervention at the MFS Department of City Clinical Hospital No. 5 and was related not to the treatment provided by G.A.A., but to the actions of physician Ta R.E.?
5. Is it possible, based on the medical records and imaging studies, to determine precisely when the filling material entered the maxillary sinus — before the patient’s presentation to the MFS Department of City Clinical Hospital No. 5 or during/after the intervention performed at that facility?
6. Could the intervention performed by Ta R.E., including curettage and surgical debridement, have damaged anatomical structures, caused inflammation, or otherwise affected the subsequent health condition of O.A.T.?
7. Did the diagnosis made by physician Tym R.E. — “exacerbation of chronic periodontitis of tooth 2.7. Foreign body in the maxillary sinus (filling material)” — constitute a medical indication for extraction of tooth 2.7 in accordance with the Rules for the Provision of Dental Services and the applicable clinical protocols of the Republic of Kazakhstan?
<br>
Attorney: ___________________________ Sarzhanov G.T.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
