The 'malpractice' plan of the newborn gang! They planned to get away with 2 years...

Members of the baby-killing 'newborn gang' defended themselves with the lie of 'malpractice'. Suspects and their lawyers, who testified as part of the investigation that shook Turkey, claimed that dozens of infant deaths were due to 'malpractice,' meaning 'harm caused to a patient due to ignorance, inexperience, or a physician's error.'

In malpractice cases, while criminal lawsuits can be filed for causing death by negligence, civil lawsuits for damages are generally filed, and primarily, the Ministry of Health is required to grant 'permission to investigate.'

PROSECUTION: "THE CRIME OF INTENTIONAL KILLING HAS BEEN COMMITTED"

According to the report in Sabah Newspaper; however, the prosecution's indictment stated, "Although defense attorneys have claimed that the actions are the subject of malpractice cases, that the crime of causing death by negligence would be committed, and that permission from the Ministry of Health should be obtained, it is understood that their actions constitute the crime of intentional killing by omission."

The expert opinion report of the Ministry of Health regarding the infant deaths was also included in the indictment.

For each deceased baby, questions were asked individually: 'whether the requirements of modern medicine were fulfilled in the treatment of the baby, whether there was a complication or malpractice, whether a causal link could be established between the patient's death and the treatment applied and the delayed connection of the ventilator circuit to the baby, and whether there was any fault attributable to the health personnel.'

The answers to these questions were provided for each deceased baby, and the opinions of the Ministry of Health experts that the infant deaths were not 'malpractice' were explained in the indictment.

The Ministry's medical opinion report addressed whether there was medical error in detail. According to the report, 90 percent of the babies in the neonatal intensive care unit required level three care, while 10 percent required level four care.

According to the communiqué, in the absence of a neonatology specialist in first, second, and third-level neonatal intensive care units, a pediatric health and diseases specialist experienced in neonatal intensive care was required to be present.

In fourth-level neonatal intensive care units, there was a mandatory requirement to have a neonatology specialist.

"DOCTORS DID NOT TAKE RESPONSIBILITY"

However, in all of the infant deaths, the third-level pediatricians did not take responsibility. Since all diagnoses and treatments were performed by nurses instead of doctors, the infant deaths occurred.

In the expert opinion report of the Ministry of Health, it was emphasized that, "The rights to life of the babies, 90 percent of whom were left to the monitoring of a nurse in practice, while theoretically under a pediatrician, were taken away."

"INFANT DEATHS WILL HAPPEN AGAIN AND AGAIN"

We are of the opinion that these events will happen again and again unless the communiqué is changed to require the assignment of a neonatal intensive care doctor in 3rd-level neonatal intensive care units, just as it is in the 4th level," it was emphasized.

WHAT IS NEONATOLOGY?

Neonatology is defined as the specialty branch concerning newborn babies. Those who specialize in this department are called neonatologists.

If the suspects and their lawyers are allowed to be tried for 'malpractice' regarding the doctors, etc., they would face a prison sentence of 2 to 6 years for the crime of causing a person's death according to Article 85 of the Turkish Penal Code (TCK).

THEY FACE UP TO 25 YEARS IN PRISON

However, in this indictment by the prosecution, it is requested that they be sentenced to 10 to 25 years in prison for the crime of intentional killing by omission according to Article 83 of the TCK.