Serbia: First Criminal Hearing Held for Hospital Abuse Case of a Romani Mother & Death of her Newborn Baby
27 May 2025
Brussels, Sremska Mitrovica, 27 May 2025: The Higher Court in Sremska Mitrovica today held the first preliminary hearing in the criminal case against Dr. Marko Maksimović who is accused of medical negligence, torture, and ill-treatment by committing extreme obstetric violence against 30-year-old Romani mother, Marica Mihajlović, in Sremska Mitrovica General Hospital. The ill-treatment, during which racist slurs were allegedly used, resulted in the death of her baby on 13th January 2024. The hearing was attended by legal counsel from the European Roma Rights Centre (ERRC) on behalf of Ms. Mihajlović. The next hearing is scheduled for 7th August 2025.
“The hearing today consisted of the accused giving his defence and answering the questions of his counsel and the victims’ attorneys” described the ERRC’s Legal Consultant, Andrea Colak. “We heard a lot of blaming of colleagues, the hospital, and the health system in general, with no accountability for personal professional conduct or any lack of. The accusations of psychological and physical abuse, including racial slurs, were absolutely rejected. So, now we are facing a very long process, with more than 40 witnesses still to be heard. This case goes beyond personal tragedies and injustices, as it sheds light on broader experiences of women in Serbian hospitals while giving birth. The fact that Marica was abused and insulted on the account of her ethnicity brings an additional layer of institutional racism that Romani women are forced to endure.”
Dr. Maksimović was placed in pre-trial detention for 6 months in 2024, and an indictment (based on Article 259 in connection with Article 251 of the Criminal Code and Article 137 para 1 of the Criminal Code) was sent to the Higher Court in Sremska Mitrovica. The indictment also included the case of another woman, a Ms. Ivković, whose newborn also died following complications during delivery at the hands of the same doctor. The ERRC also wrote in 2024 to the Public Prosecutor’s office to urge them to investigate the likely racist motivation for this shocking case of violence against a Romani mother while giving birth.
Case details
Ms. Marica Mihajlović alleges that she was subjected to racist violence by a doctor while delivering her baby in the General Hospital of Sremska Mitrovica on 12th January 2024. As reported in various news outlets, the attending doctor stands accused of wilfully negligent care, using racial slurs and making threats of extreme violence. He repeatedly refused Ms. Mihajlović’s pleas for a caesarean section to save her baby, which was breached in her pelvis. He chose instead to press on her abdomen with his elbow and bodyweight in an attempt to force the delivery. This alleged action caused complications for the infant, who was pronounced dead at 6:00 a.m. the following day after being transferred to a hospital in Novi Sad. The baby’s name was Elena Novakov.
As well as threatening to smash her skull and break her teeth, Ms. Mihajlović alleges that the doctor racially abused her shouting “shut up you Gypsy!".
The ERRC has urged the Regional Medical Chamber of Vojvodina to pay close attention to the outcome of the proceedings, with a view to launching a disciplinary procedure before the Court of Honour to revoke Dr. Maksimović’s medical license. Firstly, as an appropriate response to match the severity of the crimes he has allegedly committed, and secondly, to protect other Romani women and their new-borns from similar cruelty and abuse.
This press release is also available in Serbian.
For more information or to arrange an interview, contact:
Jonathan Lee (in English)
Advocacy & Communications Director
European Roma Rights Centre
jonathan.lee@errc.org
+32 49 288 7679
Andrea Čolak (in Serbian)
Legal Consultant
European Roma Rights Centre
andrea.colak@errc.org
+381 64 41 39 117
