The prosecution completes the investigations and sends 7 people to trial, 3 for manslaughter related to the loss of life of Brian Spahiu, after the 3-year-old underwent a dental procedure at the clinic of Dr. Roland Xhaxho.
At the conclusion of the investigation, charges of 'Murder by negligence' and 'Fraud' committed in collaboration were filed against doctor Roland Xhaxho and Marta Gina. Ina Xhaxho is accused of the criminal offense of 'Murder by negligence', 'Fraud' committed in collaboration and 'Practice of illegal activity'.
Forensic experts Elton Serano and Erindo Allo are accused of 'Abuse of duty', while doctors Durim Sala and Vladimir Hoxha are accused of the criminal offense of 'Neglect in medical treatment'.
On 28.09.2023, the minor Brian Spahiu underwent a dental procedure on 14 teeth at the "Splendent" Clinic run by doctors Roland Xhaxho and his daughter Ina Xhaxho. After the procedure, the minor returned home and within a few hours was sent in serious condition (coma and acute respiratory failure) to the Pediatric Hospital at the "Mother Teresa" Hospital Center, Tirana, where he later passed away on 01.10.2023.
According to the act of forensic re-examination and additional forensic examination, by the Italian expert group, it was concluded that: Severe septic shock, which subsequently led to progressive multi-organ failure, is the main cause of death of the minor patient Brian Spahiu. The expert group concluded that during the dental intervention and anesthesia procedure, by the anesthesiologist and dentists who treated the minor, serious violations of international medical protocols and best medical practices were found, which have a direct causal link to his death.
These violations consisted of:
- failure to implement, perform the necessary checks and verifications to accurately identify the patient's clinical condition before surgery; failure to adequately formulate the diagnosis before surgery and failure to provide appropriate prophylactic treatment before surgery and subsequently, the minor underwent a surgical procedure without being adequately examined, without an accurate diagnosis, without a justified indication, without specifying alternatives and without performing the necessary and mandatory tests for the patient's clinical condition;
- the intervention performed, which was more extensive than allowed for a 3-year-old child and the induction of general anesthesia for a period of about 5 hours, to simultaneously treat many teeth, including some with pulp infection, with the risks associated with general anesthesia and the difficult control of postoperative infections, highlights the responsibility for excessive treatment.
- the completely inappropriate discharge of the minor from the hospital, also not taking into account the risks associated with anesthesia and the pathologies from which the child was suffering, and especially the reasons for the prolonged awakening time after the intervention, as well as other clinical signs.
The investigation also proved that the two dentists Ina Xhaxho and Marta Gina deceived the minor's parents by charging them for filling 14 teeth, while the autopsy showed that 6 of them were open but not filled. The investigation proved that the dentist Ina Xhaxho continued to practice her profession illegally after the incident, as she did not renew, in accordance with legal procedures, her license as a dentist from the Order of Dentists.
During the investigations, serious violations of medical protocols were found in the conduct of the autopsy and forensic expertise by the IML experts, citizens Elton Serani and Erindo Allo.
Violations were also found among the pediatric doctors on duty at the time the minor was taken to the hospital. The doctors did not follow medical protocols in determining the correct diagnosis, identifying the most common causes of shock in children, and administering appropriate antibiotic therapy. As a result, their failure to act caused the minor's serious injury, even though he was in serious condition, a fact that resulted from the re-examination, as his death did not result from their inactions, but from the main and direct cause, which were the actions and inactions of the defendants Roland Xhaxho, Ina Xhaxho, and Marta Gina.
