Court proceedings for cases of imprudent medication treatment 2004-2012

Open Data Albania is investigating the statistical indicators that refer to court proceedings cases for imprudent medication. This criminal act is foreseen as such in our criminal law. The act is foreseen by Article 96 describing as irresponsible medication to the limits of a criminal act, the imprudent treatment of patients by a doctor or medical personnel, and failure of the medical personnel or pharmacist in following doctor’s orders or therapy.

The action will be considered a criminal offense if there is serious damage to health, or endangering of the life of the patient. This action is sanctioned by a fine or imprisonment of up to five years. In the span of time 2004 – 2012 Albanian courts have processed a total of 23 such cases scoring the sentence of 18 persons from the medical personnel.

^{Source Statistical Yearbook, MD
Comments and processing: ODA}

Year 2009 has recorded the highest number of proceedings where there have been ten cases investigated by the Albanian judiciary for this criminal act. These issues are associated with only six cases found guilty, while the rest of the people under indictment have pleaded not guilty. On average there are two people of the health personnel who are punished every year for this act.

This criminal offense, in the Albanian practice is not associated with additional convictions sanctions model. In analogy with more modern and efficient criminal laws, the doctor or medical staff declared guilty of this action would have to undergo retraining or processes to remove the right to exercise the profession.