The Supreme Court has overturned an appeal court ruling to discontinue an investigation into alleged homicide case by famous Warsaw based surgeon Miroslaw G..

The Supreme Court has ruled that “leaving a piece of gauze in the patient’s heart is a professional mistake, but the prosecutor did not examine the case from the patient’s point of view, whose life was endangered, and the has court accepted it.” 

The Supreme Court’s ruling does not determine whether Miroslaw G. is guilty of homicide. The case will now be forwarded to the Wars, however. The District Court, which will again look at a complaint lodged by the deceased patient’s family about the discontinuation of the investigation. The family claims that if the gauze had not been left in their relative’s heart, he would still be alive.

Heart surgeon Miroslaw G. was detained by the Central Anticorruption Bureau (CBA) in February 2007 on corruption and murder charges.

He was then the head of the heart surgery unit at Warsaw's Internal Ministry Hospital. At a press conference organized after the surgeon’s detention, the then Justice Minister Zbigniew Ziobro said that Miroslaw G. "would be prevented from killing anyone else".

The surgeon spent three months in custody and was released on bail when the District Public Prosecutor's Office in Warsaw dropped the murder charges against him. The Warsaw Court of Appeal ruled that the murder charges groundless and the surgeon did not intend to kill, but to save his patient’s life.

The court also decided to discontinue investigation on the case.  

Miroslaw G., who also faces corruption and bullying charges.  (mg)