Meruert Aulbayeva - a resident of Balkhash, who died in November 2023 after a series of operations in the city hospital, in which the court later established signs of medical negligence. After almost three years of legal proceedings, the victim's brother, Aitbek Aulbayev, reported a long-awaited decision on the civil lawsuit against the hospital.
WHAT THE DECEASED'S BROTHER REPORTED
As reported by Aitbek Aulbayev on his personal Instagram page, the court partially granted his claims and ordered the hospital to pay 2 million tenge in material damages and 10 million tenge in non-pecuniary damages. This sum, he writes, will not make up for the loss of a loved one, but it represents at least some justice in a case the family had been pursuing for almost three years.
HOW THE TRAGEDY UNFOLDED
It all began in July 2023, when Meruert first went to Balkhash hospital with severe pain and a high temperature. On 24 July, she was refused hospitalisation. Two days later she returned - her condition had worsened, but the doctors again sent her home.
It was only on 27 July that an ultrasound scan by a private specialist revealed a purulent mass almost eight centimetres in size. With such a diagnosis, surgery should be performed within two hours. Instead, the doctors adopted a 'wait and see' approach. The operation was only performed on 3 August. It was carried out by the very same head of surgery at the Balkhash city hospital who was later charged. After the operation, Meruert was discharged despite having a fever.
By the beginning of October, sepsis had developed. On 4 October, an emergency repeat operation was required - doctors discovered an abscess. Two weeks later, a third operation was performed: her intestines had to be cut out in pieces. It was only in November that the Balkhash doctors contacted the regional hospital, but by then time had been lost. On 4 November, a surgeon from another city performed a fourth operation. Two days later, Meruert died from multiple organ failure (the simultaneous failure of two or more vital organs).
HOW THE CASE PROGRESSED
The forensic medical examination established a direct link between the doctors' actions and the patient's death. Furthermore, it emerged that after the woman's death, more than 200 changes were made to her electronic medical record. In the post-mortem report, a diagnosis of Crohn's disease appeared, which experts deemed unfounded.
The investigation dragged on for a year and a half. According to Aitbek Aulbayev, he had to face obstacles at every turn: for a long time he was not recognised as a victim, they could not find the investigator, and the case was transferred between jurisdictions for months. When the materials reached the court in April 2025, new delays began.
On 17 December 2025, the court found the head of surgery guilty of negligence resulting in death, but exempted him from punishment due to the statute of limitations. A special ruling was issued against the second doctor, who had altered the medical record, and he resigned.
WHAT PRICE THE HOSPITAL PAID
According to Aitbek Aulbayev, in addition to the sums awarded by the court, the hospital also suffered other financial losses. Throughout the entire period of his sister's treatment, the Social Health Insurance Fund (SHIF) did not pay the hospital nearly 2 million tenge for the medical care provided, and the medical facility itself was fined for violations of sanitary standards. As a result, the treatment that ended in tragedy not only failed to generate income for the hospital but also resulted in significant losses. At the same time, the doctor whom the court found guilty of negligence continues to work at that hospital.
Since 2024, the FBRK has supported this case at every stage. We sent inquiries to the judicial authorities when information emerged about a possible termination of proceedings, and closely monitored developments. Today it can be said that this long story has reached its legal conclusion. No court verdict can compensate for the loss of a human life. However, for the victim's family, this decision has been an important confirmation that persistence and a consistent struggle for one's rights can lead to justice.
One can only hope that this case will become not just a precedent, but a lesson for the entire healthcare system, so that such tragedies are not repeated.
