Consequences of arresting medical personnel

As with most countries in Europe, Albania is under-resourced in terms of medical care. This can lead to instances of negligence and poor patient outcomes, two situations that are often criticised by population and media. Although the European Union is trying to reduce the number of doctors leaving due to unbearable workloads, many Albanian doctors have already left. The Albanian health system has been suffering from a lack of funding and other problems that began shortly after the fall of communism.

Albania is experiencing a health care “crisis” and some critics say that patients are being put at risk as some doctors leave the country or even their profession due to fear of prosecution. This is a very serious problem and a real concern of medical professionals going abroad to find better opportunities. The fact that they are leaving the country because of their work, it can be seen as alarming in public health system. There are cases of negligence towards patients and doctors are afraid of imprisonment if they do not get a good result after surgery or by some other ways, the manner in which they are followed - mostly based in criminal law and not administrative procedures - is the not the correct form how those issues need to be treated.

The Albanian health system has suffered due to the political and economic situation in recent years. Overall, the healthcare sector is underfunded, with many key areas such as maternal and child health, disease control and primary healthcare lacking financing. The number of medical professionals leaving their homeland for a better life abroad is continuing to rise, in particular to Greece and Germany. The loss of medical professionals to other countries is a major threat to Albania’s national health. At the same time, the government is trying to address this issue by establishing a as well as encouraging young doctors abroad to return home. However there are times when the same government says there is no problem and doctors are free to leave like everyone else.

Albania is a country where healthcare workers are at great risk of being punished for medical mistakes. The consequences of such punishments can be arbitrary arrest and even immediate imprisonment. In some situations Albanian doctors are afraid to treat their patients because they are afraid of possible arrests and punishments by the authorities. One of most common provision used in these cases comes from Albanian Criminal Code (Art. 96) – exclusively used only for the medical field - is ‘mjekimi i pakujdeshem’ [careless medication] however most cases end up dismissed by the courts. It remains beyond the scope of one article to go through the repercussions, explanations and havoc that can create such ‘a vague and all encompassing umbrella term’ what it represents and how difficult it is to prove [or easy to make a denunciation] in courts, more so the following confusion and fear it spreads in practice.

The Albanian media has reported on several cases of malpractice by doctors who have been suspected of wrongdoings in the public health sector. Albanian doctors have been arrested for providing poor quality medical services to patients, some crimes punishable by prison time. The fear among Albanian doctors that they might be arrested has left many of them fleeing to Germany. The Albanian medical professionals try their best to offer health care but the legislation and practice do not protect them as it should. This is a serious problem that the EU should condemn, but they are silent. The doctors should not have to work under the fear of Soviet era laws but be offered adequate protection, training and support programs, rather than simply being penalised for poor performance or progressive of a disease beyond their control.

Albanian public health system is seriously neglected. As a result of limited medical professionals, many areas lack proper coverage, family doctors or consultant levels of expertise. Another problem is lack of equipment and technology in terms of modern medicine and equipment. Albanian public health malpractices and medical mistakes, like anywhere else, are a serious problem but there are no studies, data and strategy at all; there is urgent need for attention by the government and international organisations. Without adequate planning and strategies in delivery of health care, hiding from challenges and not mentioning key-issues as well as the antiquated attitude of professionals in the field, situation will not improve.

Police in Albania have arrested doctors and medical professionals for gross negligence and malpractice that has led to patients' deaths. In part due to this, Albanian medical professionals are fleeing the country to practice elsewhere. No one knows the exact the number of doctors leaving Albania because they fear arrest and imprisonment after making medical mistakes but in my estimation [2018, during publication of my book Gabimet Mjekesore/ Medical Mistakes] this concern was reason no.4 or 5 for many I spoke at the time. Doctors in Albania are held responsible for any mistakes they may make while they are treating their patients. A few months ago, a patient died in hospital after undergoing surgery, which resulted in a criminal investigation and the arrest of the doctor who performed the surgery and this is a common occurrence for which there is no precedent in modern Europe.

Medical mistakes are the fourth biggest cause of death in the US, according to the National Patient Safety Foundation. Albanian medical professionals may face jail time for those errors, which is causing doctors and nurses to flee their country for Germany instead. Albania is a country in the Balkans whose health care system has seen a large influx of doctors fleeing abroad. Some Albanian medical professionals fear going to prison for criminal negligence, which also has led to the early retirement of over 700 doctors and nurses. Albania’s medical community faces a lack of trust with patients, stemming from issues ranging from antiquated equipment to poor training by medical school professors.

In the low-income country of Albania, medical mistakes now carry a prison sentence of up to 4 years. The country’s judiciary is not only arresting doctors, but also nurses and midwives for what it calls “health care negligence”. As a result, many doctors are in fear of legal repercussions

As a general rule, Albanian doctors and nurses follow the Hippocratic Oath and are very dedicated to their profession. Unfortunately, in recent years common health care negligence has become more frequent due to poor conditions and lack of equipment in Albania’s hospitals. Some of these common mistakes could be avoided with proper training and resources. For example, inadequate staff at hospitals often leads to infections spreading from one patient to another. In extreme cases, doctors can even be arrested for medical mistakes under Albania’s strict criminal code (Law on Criminal Procedure). This must be addressed but from the way things are going and reported daily, there are no real concerns to address the issue, let alone to come up with a clear strategy for present and future.