Communicated on 12 June 2020 Published on 29 June 2020

SECOND SECTION

Application no. 14742/18 Dejan RAŽNATOVIĆ and Others against Montenegro lodged on 20 March 2018

SUBJECT MATTER OF THE CASE

The application concerns an alleged act of medical negligence within the context of a suicide during a period of voluntary hospitalisation in a State hospital. The applicants lodged a civil action against the hospital seeking pecuniary and non-pecuniary damages of 63,523 euros. The domestic courts ruled against the applicants. The applicants complain under the substantive limb of Article 2 that the hospital knew or ought to have known that M.R., their mother and spouse, posed a real and immediate risk of suicide and that it failed to take reasonable measures to prevent that risk.

QUESTIONS TO THE PARTIES

1. Has there been a violation of Article 2 of the Convention as a result of the death of M.R.? In particular, did the hospital authorities know or ought to have known that M.R. posed a real and immediate risk of suicide? If so, did they do all that could reasonably have been expected of them to prevent that risk from materialising (see Fernandes de Oliveira v. Portugal [GC], no. 78103/14, 31 January 2019)?

2. The Government are requested to submit the M.R. ’ s medical file from the Podgorica Clinical Centre.