3-year-old dies following dental procedure / Prosecutor’s Office sends 7 people to trial for negligent homicide

A 3-year-old, B.S., died following a dental procedure, and the Tirana Prosecutor’s Office has completed its investigation, sending seven people to trial, three of them for negligent homicide.

The Prosecutor’s Office attached to the Tirana First Instance Court of General Jurisdiction concluded investigations and referred to court seven individuals after the death of the 3-year-old at a clinic in the capital.

Following the investigation of criminal case no. 6477 of 2023, the Prosecutor’s Office referred the following to trial:

R.Xh. and M.G., for the criminal offenses of “Negligent Homicide” and “Fraud” committed in collaboration (Articles 85 and 143/2 of the Penal Code).

I.Xh., for “Negligent Homicide,” “Fraud” committed in collaboration, and “Illegal Practice” (Articles 85, 143/2, and 180/a/2 of the Penal Code).

E.S. and E.A., for “Abuse of Duty” (Articles 248 and 25 of the Penal Code).

D.A. and V.H., for “Negligence in Medical Treatment” (Article 96/1 of the Penal Code).

The investigation showed that the prolonged general anesthesia, lasting about five hours, was used to treat multiple teeth simultaneously, some of which had pulp infections. The risks related to general anesthesia and the difficulty in controlling postoperative infections revealed gross responsibility for overtreatment and improper discharge from the hospital, disregarding anesthesia risks, pre-existing conditions, prolonged recovery time, and other clinical signs.

Additionally, it was proven that dentists I.Xh. and M.G. defrauded the child’s parents by charging for filling 14 teeth, while autopsy results showed that only 6 had been opened and none properly filled. For this, they were charged under Article 143/2 of the Penal Code. The investigation also revealed that I.Xh. continued practicing illegally after the incident, as her dental license had not been renewed in accordance with legal procedures.

The investigation also uncovered serious violations of medical protocols in performing the autopsy and forensic medical examination by I.M.L. experts E.S. and E.A.

Violations were further found among pediatrician on-duty doctors V.A. and D.S. when the child was admitted to the hospital. The doctors failed to follow protocols for proper diagnosis, identifying common causes of shock in children, and providing appropriate antibiotic therapy. While their inaction contributed to the child’s worsening condition, the reevaluation confirmed that his death resulted primarily from the actions and omissions of R.Xh., I.Xh., and M.G., not the hospital staff.

“KORÇA BOOM”