Request for additional questions to be raised before the expert in the framework of the criminal case
To the inquirer of the Department of Inquiry of the Almaly district
police department of Almaty, Nazir U.B.
from the lawyer: Galymzhan Turlybekovich Sarzhanov
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 708 971 78 58.
In the interests of: GAA....
IIN ....
Almaty, Karasai batyr str.,....
+7 707 ....
The petition
about asking additional questions to the expert
There is a criminal case in the proceedings of the Almaly district criminal Court registered in the ERDR No. N ° 257511031000798 under art. 317 Part 1 of the Criminal Code of the Republic of Kazakhstan at the request of O. A.T. in relation to V. A.A. and G. A.A.
In accordance with article 65-1, Part 2, paragraph 13 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), a witness entitled to defense has the right to file petitions concerning his rights and legitimate interests, including the conduct of an examination and the application of security measures.
According to the materials of the criminal case, on 17.10.2024, in the State Clinical Hospital No. 5 of the ChLH in Almaty, patient O.A.T., a doctor, Tim R.E., underwent surgery, including tooth extraction 2.7 (27), extraction of filling material from the maxillary sinus, curettage of the tooth socket and hemostasis.
Considering that this intervention is surgical in nature and was carried out after dental treatment provided by Huseynov AA, it could lead to its own complications, distort the picture of pathology or affect the further state of health of the victim O.A.T.
Due to the need to ensure a comprehensive, complete and objective investigation of the circumstances of the case, based on Articles 24, 270 and 272 of the Criminal Procedure Code of the Republic of Kazakhstan, in order to differentiate the causes of adverse effects, as well as to identify a possible causal relationship with the actions of doctors of the 5th CC.
Also, Part 5, Article 272 of the CPC stipulates that an expert examination may be appointed on the initiative of the participants in the process, protecting their own or represented rights and interests. The participants in the process, defending their own or represented rights and interests, shall submit in writing to the body conducting the criminal proceedings the issues on which, in their opinion, an expert opinion should be given, indicate the objects of the study, and also name the person who can be invited as an expert.
Based on the above and in accordance with Articles 99 and 272 of the Criminal Procedure Code of the Republic of Kazakhstan,
I beg:
· To appoint a forensic medical examination in relation to the doctor of the State Clinical Hospital No. 5 of the ChLH of Almaty, T.R.E., to establish the presence or absence of violations in the provision of medical care to O.A.T. dated 17.10.2024, as well as the presence of a causal relationship between his actions and the adverse consequences for the health of the victim, O.A.T.;
· Include the following additional issues in the resolution on the appointment of an expert examination:
1. Are there any medical data confirming that the filling material got into the maxillary sinus as a result of the actions of Mr. A.A., and not after the surgical intervention of the doctor of T.R.E. in GKB No. 5 on 17.10.2024?
2. Could the inflammatory process, pain syndrome, dental closure disorder, and other complaints of Ooi A.T. have been caused by the actions of the dentist during tooth extraction and extraction of material from the maxillary sinus, or be the result of postoperative complications?
3. Do the operating protocol, diary entries, and other documents of the State Clinical Hospital No. 5 contain information about the presence or development of postoperative complications that could affect the victim's health?
4. Are there any signs that the deterioration in the state of health of O.A.T. occurred after the intervention in GKB No. 5 ChLH and is not related to the treatment of Mr. A.A., but to the actions of the doctor of T.R.E.?
5. Is it possible to accurately determine (based on medical data and photographs) at what exact moment the filling material entered the maxillary sinus — before going to the 5th ChLH or already during /after the intervention in this clinic?
6. Could T.R.E.'s intervention, including curettage and surgical treatment, have disrupted anatomical structures, caused inflammation, or otherwise affected the future state of A.T.'s health?
7. Was the diagnosis made by the doctor Tym R.E. — "exacerbation of chronic periodontitis 2.7 teeth. A foreign body in the maxillary sinus (filling material)" the medical basis for tooth extraction 2.7 in accordance with the Rules of dental services and current clinical protocols of the Republic of Kazakhstan?
Lawyer: Sarzhanov G.T.
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