The Tirana Prosecutor's Office reacts regarding the clarification of the causes of Brian Spahiu's death and the charges brought against doctors.
Full announcement:
The minor died after a dental procedure, the Tirana Prosecution Office issues security measures for five people for 'Murder by negligence', 'Fraud in collaboration' and 'Abuse of duty'
The Prosecution Office at the First Instance Court of General Jurisdiction, Tirana, has issued security measures for five people for the criminal offenses 'Murder by negligence', 'Fraud in collaboration' and 'Abuse of duty' within the framework of the investigations into the case of the death of a 3-year-old minor after a dental procedure in a clinic in the capital. The Prosecution Office, following the investigations initiated on criminal proceedings no. 6477, dated 05.10.2023, has taken the following citizens under investigation:
1 - R. Xh., for committing the criminal offense "Murder by negligence", provided for by Article 85 of the Criminal Code as well as for the criminal offense provided for by Article 180/ai of the Criminal Code. Based on the prosecutor's request, the court imposed the security measure "House arrest", provided for by Article 237 of the Criminal Procedure Code;
2 - I.Xh., suspected of committing the criminal offense of “Murder by negligence”, provided for by Article 85 of the Criminal Code and “Fraud”, committed in collaboration, provided for by Article 143/2 of the Criminal Code;
3- MG, suspected of committing the criminal offense of "Murder by negligence", provided for by Article 85 of the Criminal Code and "Fraud", committed in collaboration, provided for by Article 143/2 of the Criminal Code;
4 - ES, suspected of committing the criminal offense of "Abuse of office", committed in collaboration, provided for by articles 248 and 25 of the Criminal Code; and
5 - E. A, suspected of committing the criminal offense of "Abuse of office", committed in collaboration, provided for by articles 248 and 25 of the Criminal Code.
The prosecutor requested the security measure 'Arrest in prison' for the persons under investigation I. Xh. and MG, while the court imposed the security measure 'House arrest', as provided for in Article 237 of the Code of Criminal Procedure.
Following the investigations related to the event of 28.09.2023, when the minor BS, aged 3, underwent a dental procedure on 14 teeth, at the "Splendent" Clinic run by doctors R.Xh and I. Xh. After the procedure, the minor returned home and within a few hours was sent in serious health condition (coma and acute respiratory failure), to the Pediatric Hospital at the "Mother Teresa" Hospital Center, Tirana, where he later died on 01.10.2023.
Due to the shortcomings and unsubstantiated conclusion in the forensic medical examination report conducted by the IML experts, by the prosecutor of the Alma Felaj case, for a full, comprehensive and objective investigation of the criminal case, on 10.12.2023, it was decided to conduct a forensic medical re-examination and an additional multidisciplinary forensic medical examination with a group of experts. For this purpose, legal assistance was requested from the Italian justice authorities, requesting the conduct of a forensic medical re-examination and an additional multidisciplinary forensic medical examination with a group of experts in the Italian state.
According to the re-forensic medical examination and additional forensic medical examination, the Italian expert group concluded that:
Severe septic shock, which subsequently led to progressive multi-organ failure, is the main cause of death of the minor patient BS. The expert group concluded that during the dental intervention and anesthesia procedure, serious violations of international medical protocols and best medical practices were found by the anesthesiologist and dentists who treated the minor, which have a direct causal link to his death. These violations were found in: - failure to implement, failure to 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, in addition, 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 overtreatment
- the completely inappropriate discharge from the hospital of the minor, also not taking into account the risks associated with anesthesia and the pathologies from which the child was suffering, and in particular the reasons for the prolonged time of awakening after the intervention as well as other clinical signs. The Italian expert group has found serious violations of medical protocols in the performance of the autopsy and forensic expertise, by the IML experts, citizens ES and EA
The Italian expert group also found violations of medical protocols by the pediatric resuscitation doctors who treated the minor BS.
Based on this fact, the prosecution has taken as persons under investigation citizens V. H and D. S, on duty as doctors in intensive therapy at the Pediatrics Department at the University Hospital, suspected of committing the criminal offense of "Neglect in medical treatment" provided for by article 96/1 of the Criminal Code.
