In the camp, a minor was injured with. In a children's camp in the Urals, a doctor treated a child with a broken arm with green paint. What to do if the child broke his arm in kindergarten

A scandal erupted in the children's camp "Sosnovy" in Kushva, which made parents all over the country think about what kind of doctors with what qualifications are working with their children in children's health camps this summer.

In Pine, a boy who fell and received a severe arm fracture was treated by a doctor for two days the most common green.

During outdoor games, the child fell and immediately complained of pain in his hand.

Doctor children's camp examined the pupil, said that he had a bruise, smeared him with brilliant green (it is not clear why), and let him go.

The next morning, the hand was swollen, mobility was limited. The boy again went to the doctor, but heard in response that he was a "simulant" and a "crybaby".

The hand was again anointed with brilliant green. On the third day, there was no longer any strength to endure.

The boy called home and asked his parents to pick him up because his arm hurts and does not move.

The mother came, took her son and took him to the children's hospital in Yekaterinburg. The surgeons immediately made a conclusion - severe compound fracture with displacement.

While the child was put in a cast, they were warned that later it might be necessary to do a surgical operation if the displacement was not amenable to correction.

Only after the situation was made public did the camp director apologize to the parents.

Now employees of the prosecutor's office have taken up such "safety" of children's recreation.

They have a lot of questions both about the qualifications of the health worker, who did not recognize the obvious injury, and about the administration of the children's camp, which did not consider it necessary to notify the parents about the incident within two days. By agreement between parents and the directorate, educators must notify the mother and father, if the child is injured or ill.

While the surgeons of Yekaterinburg were assisting the boy, in the same camp, mass poisoning children with inadequate nutrition. Now it is possible that the camp will be closed ahead of schedule until all the circumstances are clarified.

Summer camps are one of the most popular types of children's recreation. When sending a child to the camp, parents, of course, want to be sure that a happy and healthy child will be returned to them. However, no one is immune from accidents - many have to deal with injuries or illnesses of a child during his stay in the camp. Who will be responsible for this, to what extent, and what to do if a conflict arises? Let's try to figure it out.

The main document regulating the rights and obligations of parents and the camp is an agreement. As a rule, this is an agreement on the provision of services for the organization of children's recreation. Such an agreement is concluded between the child's parent and the camp administration. It is in it that all the conditions for the child’s stay on vacation should be spelled out, including all issues related to medical care, health protection, security measures, insurance, etc.

Parents should carefully read the contract, ask questions and find out the nuances before signing the document. In most cases, the contract will be standard and no one will make changes to it at the request of the parents. If the contract is purely formal, does not contain any information and only refers to the norms of the current legislation, it makes sense to think about whether to send the child to a camp whose administration is not even able to formulate its obligations and requirements.

Most of the contracts spell out the camp's obligations to be responsible for the life and health of children, to ensure their safety, healthy nutrition and medical care. In the event of a conflict, one can demand the fulfillment of these duties in writing, for example, in the form of an appeal addressed to the director of the camp. Many camps specifically prescribe in the contract a clause on the right of parents to contact the camp administration with suggestions and complaints, but even if there is no such clause, no one takes away the right to complain from parents.

If the situation in the camp clearly does not meet the legal requirements or the terms of the contract (for example, there is no doctor in the camp), it makes sense for worried parents to first pick up the child from the camp, and only then go to court with a claim for improper provision of camp services for organizing children's recreation.

If there are suspicions about the inadequate quality of children's health care, parents can contact Rossanepidnadzor, which will conduct an inspection and establish the presence or absence of violations. The requirements of Rossanepidnadzor are mandatory, so children's camps try to comply with them.

Any normal camp that intends to be responsible for many children will try to limit its risks as much as possible, therefore, an impressive questionnaire about the child’s health status, his characteristics, allergies and other contraindications will most likely be attached to the contract. In addition, parents will most likely be required to provide certificates about the child’s health at the time of departure to the camp, about the absence of contacts with infectious patients, about the absence of pediculosis, etc. It is in your interests to provide all this information and references, and to the maximum extent and in detail. This is the only way to be sure that the camp administration will, firstly, have important information about your child, and secondly, competently and essentially be responsible for his health, taking into account all the nuances. Otherwise, for example, if a child is allergic to fish, and the parents did not bother to notify about it, it will be impossible to prove the camp's fault that the child fell down with an attack.

In fairness, it should be said that many camps provide not only health protection for children, but also life and health insurance, so that in case of any incident, parents can receive monetary compensation. It is advisable to find out in advance whether an insurance contract is concluded, what is an insured event, and what payments are provided for. If the insurance contract is not provided, it may make sense for parents to take care of this problem on their own and insure the life and health of the child before sending him on vacation.

In principle, the contract may provide that the camp is not responsible for the child's violation of safety rules and regulations. However, everything is not so simple here. The camp is obliged to bring to the attention of children the rules of conduct and ensure their implementation. That is, to regularly monitor what and where the children are doing is the direct responsibility of the camp staff. If, for example, a child secretly left the ward at night, went to swim and had an accident with him, the camp will still have to answer for this. Most likely, we will talk about the negligence of the educator or counselor.

If during the period of the child's stay in the camp in the area where the camp is located, an epidemic of some disease breaks out, the camp will most likely not bear responsibility for the fact that the children fell ill. In most treaties, cases of epidemics are quite rightly attributed to force majeure circumstances for which no one is responsible. You can try to prove that the outbreak of the epidemic in the camp occurred precisely in connection with the violation of certain requirements by the administration, but the probability of success in this case is extremely small.

Most contracts provide for the right of parents to control the conditions of the child's stay in the camp - up to checking everything that the parent deems necessary, accompanied by a camp employee. This may be a visit to children's buildings, a canteen, a medical office, etc. Keep in mind - even if there is no such condition in the contract, the camp is obliged to provide you with full information about the conditions of the child’s stay, so on your parental day, feel free to go to the camp management, ask for an escort and inspect for health. It is easier for the camp administration to guide parents around the camp than to quarrel with angry mothers who threaten to bombard them with complaints.

When clarifying the conditions for a child's stay in the camp, it makes sense to focus on one of the three SANPINs - depending on the type of camp:

- Sanitary and epidemiological requirements for the device, maintenance and organization of the working hours of out-of-town stationary institutions for recreation and recreation of children SanPiN 2.4.4.1204-03;

- Sanitary and epidemiological requirements for the device, maintenance and organization of labor and recreation camps for adolescents SanPiN 2.4.2.2842-11;

- Sanitary and epidemiological requirements for the device, maintenance and organization of the work of children's sanatoriums SanPiN 2.4.2.2843-11.

If the worst happened, and the child still got sick or injured, the situation can develop in different ways. Much depends on the specific circumstances. First, the camp is required to immediately notify parents that something is wrong with their child. Further decisions will be made by the parents, based on the recommendations of the doctor. Perhaps the child should be taken home, or hospitalized, or simply left in the camp infirmary - you decide.

Secondly, you need to find out all the circumstances under which the disease or injury occurred, it may make sense to talk with the child's friends, with the teacher, counselor, etc. It should be clarified what measures the camp administration has taken in connection with the incident, and what it intends to do. Only after that it is possible to decide - to go to the conflict, or to do without it. In case of obvious guilt of the camp, the administration can offer compensation - for example, in the form of payment for the treatment of a child. If this does not happen, you will demand such compensation through the court on a general basis. To do this, you will need a clear description of the situation that happened to your child, the text of the contract with the camp and a medical report on the child's health. With these documents, you can sit down and write a statement of claim, in which you need to justify exactly how the actions of the camp are related to the fact that the child fell ill or was injured. Agree, it is simply pointless to demand compensation for a banal cold and a broken knee on the sports ground. Try to soberly assess the situation - if your child fanatically loves to jump, climb and run, it will be difficult for even the most responsible camp to protect him from injury with round-the-clock vigilant supervision. Better provide him with knee pads and elbow pads and have a preventive conversation about caution.

In June of this year, 13-year-old Kostya went to spend his school holidays at the Horizon recreation camp in the Molodechno region. At one of the discos in the school camp, a classic scene flared up: either because of a girl, or because of mutual hostility, a conflict occurred between a schoolboy and some guy who had not been in the camp before. Kostya got in the nose. The guy's father would not attach much importance to the brawl between two teenagers, but after talking with the administration, the case turned into the police and the possible initiation of a criminal case.

Went to recover - broken nose

- If we discard the severity of the consequences - a fracture of the bones of the nose, then the situation is absolutely typical: the boys fought because of the girl. Sometimes it's necessary. But I was more outraged by the administration's reaction to this conflict, - tells the backstory of the boy's father. - On June 16, my ex-wife called me and said that Kostya had broken her nose. I immediately tried to contact the camp management, where they told me that they did not know anything, and promised to call back. After 50 minutes, the deputy head of the Horizon camp really called me back, but the leitmotif of her call was not concern for the child's condition, but an attempt to avoid proceedings.

I immediately decided to take the child home, and at the same time leave an entry in the book of comments and suggestions, which I asked to prepare before leaving Minsk. What happened next completely undermined any faith in the decency of the camp administration - the deputy head gave me a “book of complaints”, which was a notebook in a box ... It was not numbered, sealed and signed by the head. For some reason, however, the notebook was laced up... When I started photographing the notebook, the deputy head tried to snatch it out of my hands, motivating her actions by a ban on photography and video filming in the camp. I still received the book of complaints, but not immediately.

- I would like to get a legal assessment of the actions of the administration. To the question “why are there outsiders in the camp?” I was told that the guys were there with the permission of the administration, and the management referred to the mysterious order No. 37-17 / 31 of 06/13/2017. The children with whom I had a chance to talk, said that these teenagers appeared with them from the very beginning of the shift. Why were they allowed there, on what basis? - the man is perplexed.

The administration of the camp decided not to comment on the situation. “I don’t think it would be right to talk about the fate of children,” - answered the deputy chief in a telephone conversation.

What to do in such cases?

In the answer that came to Kostya's father from the Molodechno District Department of Internal Affairs, it was said that a criminal case could be opened only at the initiative of the victim himself or his representatives. This means that the boy's parents must apply to the court with such a request, after which the court will request the results of a police check.

- As it became known after the inspection, the guy who injured Konstantin was in the camp illegally - he went there along with other children from the tent school camp, which was located nearby. By agreement with the administration, schoolchildren could come to Horizon, but this teenager was not in one or the other camp - he just lived in a neighboring village, - comment in the Internal Affairs Directorate of the Minsk Oblast Executive Committee.

- That evening, a call was received from the camp to the police, after which a squad arrived at the scene. After the check, a submission was sent to the organization with a request to ensure proper control over access control.

On the one hand, if the administration had more strictly observed the access control, no fight would have occurred. On the other hand, a conflict can also occur between two students from the same camp: sometimes it is difficult to foresee and prevent this. Therefore, we always recommend that you immediately contact the police, who will be able to document what happened. This will help not only to punish the perpetrators, but also in the event of a serious injury to claim compensation for moral harm and treatment. Such injuries can have consequences and negatively affect health in the future, so parents should not let things take their course and sort things out in person, but immediately contact law enforcement agencies.

Who is guilty?

Who is responsible in such cases, lawyer Olga Sycheva explained:

- Since summer recreation camps, in accordance with Belarusian legislation, are educational institutions, they are equally subject to the provisions of the Code of the Republic of Belarus on Education. The latter, in particular, establishes the rights and obligations of participants in the educational process - students, as well as their legal representatives, which include parents, adoptive parents (adopters), guardians and trustees.

In particular, one of the responsibilities of an educational institution is the creation of safe conditions in the organization of the educational process. Legal representatives of minors, among other things, have the right to protect the rights and legitimate interests of students; to get acquainted with the course and content of the educational process; obtaining information about all types of examinations (medical, psychological, pedagogical) of students.

At the same time, other rights and obligations of both students and legal representatives may be established by local regulatory legal acts of educational institutions, including internal regulations approved by the head of the camp. For example, the camp administration may prohibit outsiders from entering the camp or determine a special procedure for visiting the camp.

Enrollment of children in the camp is based on vouchers. The voucher, in which the child's data is indicated, is a confirmation that the child is a pupil of a health camp.

The son of Nadezhda Ivanova (surname changed) was given a ticket to a children's camp in the House of Creativity. While playing football, he was seriously injured.

Sports shift

Stanislav arrived at the camp on the ninth of August. According to Nadezhda, the son had previously passed all the necessary checks.

Stas came to the camp absolutely healthy, we have a certificate from a doctor confirming this, - Nadezhda shares. A week later he hurt his leg while playing football.

called the parents

The boy felt a sharp pain and went to the first-aid post.

At first I didn’t understand what was wrong with my leg, but later the pain began to increase, and I went to the medical center, says Stas. - Ice was applied to the leg and smeared with ointment. The next day my leg was swollen and I was asked to call my parents. My father took me to the hospital “on receipt” on the same day.

crutches

In the event of a tear in the anterior bundle of the external lateral ligaments of the right ankle joint, the leg will heal from two to four weeks, says Mikhail Alekseev, a traumatologist. - This injury is received in case of dislocation and when twisting the leg.

At the hospital, the boy was told that his leg would not heal immediately.

In the Cheboksary hospital, we were diagnosed with a tear in the anterior bundle. Now the son moves in a cast and on crutches, - says Nadezhda. - The director claims that the son has already arrived "lame" and that they do not provide insurance. Now one question worries me: if the injuries were much more serious, they were not to blame either?

No insurance provided?

The director of the children's health camp, Elena Lushina, said that the child complained of pain in his leg from the first days of arrival.

The boy went to the first-aid post a day after arrival. I think that when playing football, the pain in the leg increased, the condition worsened. We called the parents, - the director comments on the situation. - Insurance is not provided for the fourth shift, the estimate was only enough for previous races.

Of course, the camp administration assumes responsibility for underage vacationers, - comments lawyer Vyacheslav Medvedev. - Parents can write a statement to the prosecutor's office, and if the children's camp employees are found guilty, the boy's mother can demand compensation for moral and material damage.

Decision No. 2-3/2015 2-3/2015 (2-486/2014;)~M-413/2014 2-486/2014 M-413/2014 dated March 31, 2015 in case No. 2-3/2015

SOLUTION

In the name of the Russian Federation

Krasnoborsky District Court of the Arkhangelsk Region, consisting of:

presiding Kuznetsov P.V.,

Under Secretary Chuprova T.A.,

Representatives of the defendant medical institution "Sanatorium" ***" FULL NAME18, FULL NAME7,

He considered in open court the case on the statement of claim Chervochkina ***, filed in the interests of a minor FULL NAME1, to the medical institution "Sanatorium" *** "on compensation for non-pecuniary damage,

INST A N O V&L:

Chervochkina *** in the interests of a minor FULL NAME3 *** appealed to the Krasnoborsky District Court with a claim against the medical institution "Sanatorium" *** "(hereinafter LPU" Sanatorium "***") for compensation for non-pecuniary damage in the amount of *** rubles, on the grounds that during the period of stay in the children's health camp on the basis of health care facilities "Sanatorium" *** "her daughter __.__.______g. was injured in the neck when a girl who was not on vacation at the camp ran up to her, grabbed her by the neck and lifted her up. In GBUZ JSC "*** TsGB", where the daughter was admitted, according to the results of the examination, a diagnosis of "rotational subluxation C 1 to the right" was made, in connection with which the daughter was on inpatient treatment from 12 to __.__.______. Upon admission to GBUZ JSC "*** CCH", the daughter was also diagnosed with pediculosis disease (head lice), in connection with which she was forced to undergo the necessary treatment. She believes that her daughter was injured due to the negligence of the employees of the sanatorium, who improperly performed their duties. Counselors and educators did not exercise proper control over the children, did not ensure her daughter's safe stay on the territory of the sanatorium, did not help the child in case of injury, did not accompany her to the ambulance medical care in the surgical department of GBUZ JSC "*** CRH". Since the child was injured during his stay in a medical institution, the obligation to compensate for the harm caused should be assigned to the health facility "Sanatorium" *** ", whose employees did not ensure the safety of his daughter, protect her life and health. Currently, the daughter is forced to endure inconvenience due to injury and treatment. In __.__.______ year, she and her daughter were forced to refuse the allocated voucher for DOL. Subject to the requirements h. 1 Article. , Art. , part 3 of Art. , Art. , the nature of the physical and moral suffering inflicted on the daughter, asks the court to recover *** rubles from the healthcare facility "Sanatorium" *** "*** in compensation for moral harm.

At the hearing Chervochkin ***. and her daughter FULL NAME3 *** did not appear, the date, place and time of the hearing were notified in the manner prescribed by law. During the trial, the plaintiff Chervochkina *** supported the claims on the same grounds, asked the court to recover from the LPU «Sanatorium «***» as compensation for non-pecuniary damage *** rubles, since __.__.______g. due to improper performance of their duties by the employees of the sanatorium of her young daughter, an outside child caused slight harm to health, in the period from __.__.______. to __.__.______ with a diagnosis of C1 rotational subluxation to the right, the daughter was hospitalized at the *** Central City Clinical Hospital, then continued the treatment on an outpatient basis, on the recommendation of a doctor, she wore a Shants collar. Bodily injuries caused a short-term health disorder with a temporary dysfunction of organs and systems lasting up to 3 weeks from the moment of injury (up to 21 days inclusive) and are regarded as a slight harm to human health. Employees of the health care facility "Sanatorium" *** "did not ensure the safe presence of her daughter during the rest, the protection of her life and health. Due to the negligence of the employees of the health care facility "Sanatorium" *** ", the child fell ill with pediculosis. All this time, the daughter suffered physically and morally. The claim for moral compensation is presented not to the person who caused the harm, but only to the health care facility "Sanatorium" *** ".

Juvenile FULL NAME3 *** explained at the hearing __.__.______, that she had a normal relationship with FULL NAME24 On the day when she went to the building from the disco, *** ran up to her from behind, hugged her by the neck and lifted, why She felt pain and darkened in her eyes. Her friends took her to the infirmary. The doctor examined her and took her to the hospital in an ambulance, and then to where they took an x-ray, took a picture and revealed a dislocation of the cervical vertebra. In the city, when examined in the hospital, they said that she had pediculosis.

Representatives of the defendant LPU "Sanatorium" *** "FULL NAME18 and FULL NAME7 at the hearing did not agree with the claims, explaining that the actions of a minor FULL NAME24 during a disco as a result of an accident FULL NAME3 caused not a rotational subluxation of the first cervical vertebra to the right, but a sprain of the cervical ligaments spine section. Responsibility for the behavior of minor FULL NAME24 must be assigned to her parents. There is no guilt of the duty officer, educators, counselors and medical workers of the health facility "Sanatorium" *** "in what happened. From the explanations FULL NAME3 and FULL NAME25 Vicky it follows that the last of the feelings of joy hugged FULL NAME10 around the neck. Counselors and educators did not interfere with such communication of children, since it was not conflict. After examining the child by the doctor of the sanatorium, an ambulance was called, until the arrival of which FULL NAME3 was with the doctor. It was not necessary to accompany the girl to the *** hospital, since she, along with the paramedic of the ambulance, was sent to the hospital. It is impossible to remember the person on duty at the sanatorium in the face of all the children resting in the camp and located on the territory of the sanatorium. FULL NAME3 *** could get sick with pediculosis before her admission to the medical facility “Sanatorium “***” as a result of direct contact with the patient or use of a comb, towel and other personal belongings belonging to this person. For the diagnosis of pediculosis in the medical facility "Sanatorium" *** ", a visual examination is carried out by medical workers. Cases of pediculosis in the period when there was FULL NAME3 FULL NAME31., in the sanatorium was not identified. In satisfaction of the claim asks the court to refuse the plaintiff.

Participating in the case as third parties, not declaring independent claims regarding the subject of the dispute, FULL NAME24, FULL NAME32 did not appear at the hearing, the date, place and time of the case were notified in the manner prescribed by law. During the trial __.__.______g. FULL NAME23 FULL NAME33 disagreed with the claims Chervochkina FULL NAME34 arguing that from the words of the daughter FULL NAME24 they became aware that at the disco *** hugged the girl by the neck for joy and that something happened to her neck. *** They said that the territory of the sanatorium is closed, entry is prohibited for outsiders, but a security guard lets children into the territory of the sanatorium. The kids and their daughter go there as they have nowhere else to go.

Juvenile FULL NAME24 explained that FULL NAME3 they are familiar with __.__.______g. year FULL NAME10 also rested in a sanatorium. During the disco FULL NAME10 danced with the boy. Then all the girls from her room and friends began to run up to her and hug her, she also ran up and hugged her by the neck and lifted her up a little. After that, FULL NAME10 cried and left the disco. Later she learned that FULL NAME10 was taken to the hospital by ambulance. None of the guards forbade them to go to the territory of the sanatorium until the end of the first shift.

After listening to the defendant's representatives, examining the case materials, and questioning the witnesses, the court came to the following conclusion.

Educational, medical and other organizations where the juvenile was temporarily staying, as well as persons exercising supervision over him on the basis of an agreement (paragraph 3 of Article ), are only responsible for the failure to properly supervise the juvenile at the time of causing harm to him;

B) when filing claims for compensation for harm caused by a minor during his temporary stay under the supervision of an educational, medical or other organization or a person exercising supervision over him on the basis of an agreement, the courts must take into account that the limits of liability of parents (adoptive parents), guardians, trustees , organizations for orphans and children left without parental care, as well as educational, medical and other organizations or a person exercising supervision over minors on the basis of an agreement, which, by virtue of the article, may be charged with the obligation to compensate for harm, are different.

Since harm juvenile FULL NAME3 *** was caused juvenile FULL NAME24, then by virtue of the requirements of Article. for harm caused by the latter, under the age of fourteen as of __.__.______g. responsibility must bear her parents FULL NAME24 and FULL NAME41 if they do not prove that the harm arose through no fault of theirs.

The underage FULL NAME24 was not, as of June 12, 2-14, under the supervision of the health care facility “Sanatorium “***” or another person who was entrusted with the exercise of supervision over the minor on the basis of an agreement.

The representative of the plaintiff Chervochkina *** at the hearing stated her unwillingness to sue the parents of a minor FULL NAME24, insisting on resolving her claim for compensation for non-pecuniary damage only in relation to the health facility "Sanatorium" ***".

Considering the requirements h. 3 Article. , the court, resolving the dispute that has arisen, makes a decision on the claims stated by the plaintiff and does not find legal grounds in the case under consideration for imposing liability on the health care facility "Sanatorium" *** ".

Link claimant Chervochkina ***. on the fact that duty officers, counselors, educators and medical workers of the health care facility "Sanatorium" *** "are responsible for protecting the life and health of children resting in the sanatorium camp, in connection with which their failure to ensure the safe stay of her daughter in the indicated children's health camp is grounds for non-pecuniary damage by the defendant, the court finds based on a misinterpretation of substantive law.

From the content of clauses 2.11, 4.4 of the job description of the leader of the health care facility "Sanatorium" *** ", and clauses 2.10 and 5.4 of the job description of the teacher of the children's health camp, approved by the chief physician of the health facility "Sanatorium ***" dated __.__. ______g., it is clear that the counselor and educator are obliged to ensure the preservation of the life and health of children and are personally responsible for this, and also bear personal responsibility for the health and well-being of the children of the detachment entrusted to them (Art.) (case files 39-40, 41 -42 v. 1).

The responsibility of the employees of the health care facility "Sanatorium ***" (leader, educator), as follows from the content of their duties, occurs if the latter, as a result of criminal negligence, did not ensure the preservation of the life, health and well-being of the children in the detachment entrusted to them.

Such actions (inaction) on the part of the educator and counselor as of __.__.______. not established at the hearing.

Interrogated at the hearing witness FULL NAME5 showed

What in __.__.______g. for a year she worked under the contract in the health care facility "Sanatorium" *** "as a counselor. __.__.______G. while on duty at the disco FULL NAME3 boys because of FULL NAME3 there was a conflict. She had to go outside and separate them. When she returned to the club, her friends FULL NAME2 and *** said that FULL NAME3 had something wrong with her neck, and she went to the medical post. For FULL NAME3 to the medical post went FULL NAME19 At the time of the disco in the hall were foreign children from. It was not forbidden, the children are friends. They did not pose any danger to the children in the sanatorium camp. At present, it is forbidden for outsiders to be on the territory of the sanatorium. They warn local children about this. As a counselor, she is obliged to monitor the resting children, control their behavior and prevent conflicts. FULL NAME3 and FULL NAME25 Vika had no conflict. Everything happened by accident.

Witness FULL NAME19 testified that last year she worked in the health care facility "Sanatorium" *** "as a counselor, she was obliged to look after the children. During what happened with FULL NAME3 case was on the territory of the sanatorium with children at the swing. After the disco, she was in the foyer of the club, waiting for all the children to leave her building. I heard that the girls in the foyer tell FULL NAME5 about what happened. Girlfriends FULL NAME10 reported that Vika was happy for FULL NAME10, hugged her neck and lifted. FULL NAME10 said that something crunched in her, and the girls took her to the children's post. She also went to the medical post, where she asked FULL NAME10 what happened. FULL NAME10 could not turn her head, held her neck with her hand, explained that *** hugged her neck and lifted. The doctor came, examined FULL NAME10 and called an ambulance to take a picture in the hospital.

Witness FULL NAME20 testified that in the evening __.__.______g. received a call from the doctor FULL NAME12 and the nurse on duty from the children's post, from which she learned that during the disco was injured girl FULL NAME3. FULL NAME12, having examined the girl, called an ambulance, which took her to the surgical department of the district hospital. FULL NAME12 dictated the phone number of Chervochkina ***., whom she informed about the incident. Counselors and educators of the sanatorium are responsible for the life and health of children, should not allow FULL NAME3 conflicts with them. They cannot interfere with the communication of vacationing children and local children, since they did not have any conflicts FULL NAME3. To date, such visits have been banned.

Witness FULL NAME22 testified that she works as an educator at the health facility "Sanatorium" *** ", her duties include monitoring children, observing the daily routine, leisure activities. __.__.______G. Last year, at the time of what happened with FULL NAME3, she was in the building, since not all the children were at the disco. Came FULL NAME5 and reported conflict FULL NAME3 boys first and second corps because of FULL NAME10. Then the girls FULL NAME2 *** told them that FULL NAME10 went to the medical post, something happened to her neck.

Witness FULL NAME21 testified that he works as a duty officer at the sanatorium in the medical facility "Sanatorium" ***", his duties include monitoring the order on the territory of the sanatorium. He does not allow unauthorized persons to enter the territory of the sanatorium. At 8 p.m. __.__.______ he accepted the change. A nurse called him from the duty post and told him to open the administrative gate for the passage of an ambulance, due to the fact that the girl was injured. When the girl was put in an ambulance, he asked her who she got injured from, to which she replied that from *** FULL NAME25.

The materials of the check according to the message FULL NAME14 No. *** dated 12-__.__.______g. it is confirmed that __.__.______g. on the territory of health care facility «Sanatorium ***» juvenile FULL NAME3 ***. as a result of actions by a juvenile FULL NAME24 (hugged her neck and lifted) bodily injuries were caused to the nature of the sprain of the cervical spine.

I DECIDED:

claims Chervochkina *** in the interests of a minor FULL NAME1 to the medical institution «Sanatorium «***» for non-pecuniary damage satisfy.

Collect from the medical institution "Sanatorium" *** "in favor of Chervochkina *** in the interests of a minor FULL NAME1 compensation for non-pecuniary damage in the amount of *** rubles.

Collect from the medical institution "Sanatorium" *** "in favor of Chervochkina *** rubles in return of the state duty.
beating

Judicial practice on the application of the norm of Art. 116 of the Criminal Code of the Russian Federation


Negligence

Judicial practice on the application of the norm of Art. 293 of the Criminal Code of the Russian Federation