Ombudsman has responded to the written request made by the First Children’s Embassy in the World – Megjashi, Republic of Macedonia, on the case about Agush Salioski.
In the answer it is stated:
“The Ministry for Health has reported to the Ombudsman that during the professional supervision the Commission also found professional failures, i.e. the wound was not surgically treated on time, the changes on the condition of the arm were not noticed on time, the plaster was not removed entirely...”
The Ombudsman about The First Children’s Embassy in the World – Megjashi’s request submitted on the 25.11.2008, in which we pointed out about the injury of the eight-year-old Agush Salioski from Prilep, according to the statement of his parents, allegedly due to doctor’s negligence, has lost his left forearm.
In the first report on the 05.12.2008 it is said that the Ombudsman, according to Article 24 from the Law on the Ombudsman, addressed the Ministry for health and requested an information whether the Ministry has formed a Commission for examination of the case on the minor child, whether the Commission has executed a professional supervision and what has been concluded. Depending of the reply of the Ministry, the Ombudsman will decide on the following course of the procedure after the filed request.
In the second report that we received from the Ombudsman on the 27.02.2009 it is said that “… the Ministry for health has reported to the Ombudsman that during the professional supervision the Commission also found professional failures, the wound was not surgically treated on time, the changes on the condition of the arm were not noticed on time, the plaster was not removed entirely, which would have been logical having in mind the pains and the increased body temperature, due to which the Commission has given its opinion that the responsibility should be looked in the organization of the work for which the head of the hospital, the manager of the Orthopedics and Trauma Department, as well as the doctors that were involved in the case, were in charge; i.e. the doctors who had made the visits and took care of the child on 11, 12 and 13 of September 2008. Since the Ombudsman concluded that during the professional supervision, several professional failures in the child’s treatment were made, in the further action requested for a report on whether any measures of responsibility are taken according to the given conclusions from the Commission, he was informed that the report on the professional supervision of the Commission was delivered to the Public prosecutor’s office in Prilep for eventual filing of a criminal procedure.
Further on, in the reporting it is said “Having in mind the aforementioned, i.e. considering the fact that in the particular case the professional supervision has been executed on the treatment of the child; and on the basis of the conclusions drawn by the Commission, an application has been submitted to the authorized public prosecutor, which a procedure determined by the law should confirm whether there are elements of criminal responsibility of every person involved who had made certain failures, currently the Ombudsman can not undertake other measures, due to which according to Article 35 from the Law on the Ombudsman, it ends the procedure after the filed request”.