The High Court upheld the conviction of doctors Elona Burba and Petrit Rexhepi, found guilty of negligent medical treatment, in connection with the death of Dorjana Haka, the wife of former goalkeeper Alban Hoxha. The court ruled to reject the appeal filed by doctor Elona Burba, assessing that the decision of the Court of Appeal does not contain a violation of substantive or procedural law and that her criminal liability has been proven beyond any reasonable doubt.
Elona Burba was sentenced to 1 year in prison, a sentence converted to 2 years of probation, while her right to practice her profession was revoked for two years.
Meanwhile, doctor Petrit Rexhepi was sentenced to 6 months in prison, converted to 1 year of probation. The case is related to the death of Dorjana Haka, who on November 4, 2014 was admitted to the "Koço Gliozheni" maternity hospital for a planned cesarean delivery.
According to the data administered during the investigation phase, the intervention was initially considered successful and the mother and the baby were in good condition. Her condition deteriorated a few days later. She was initially sent to intensive care and then, in critical condition, was transferred to other hospitals in Tirana. After about 15 days hospitalized in Hospital No. 5, Haka passed away.
According to forensic experts, his health condition deteriorated as a result of cerebral thrombosis, i.e. the formation of a blood clot in the brain vessels.
The expert examination determined that death was due to cardiac arrest, caused by cerebral venous thrombosis and brain swelling. Meanwhile, the experts also identified a point related to the responsibility of the doctors. According to them, before the surgical intervention, INR and APTT tests were not performed, which check whether the blood clots normally. The lack of these tests before the operation is one of the main elements identified in the expert examination regarding the responsibility of the medical personnel.
The Court of Appeal, based on forensic expertise, assessed that these analyses were mandatory according to the medical protocol in force at the time.
According to experts, pregnancy and cesarean delivery are risk factors for thrombosis and the coagulation tests were performed to determine the measures that should be taken to prevent it. The court also found that the anticoagulant medication given after the surgery was administered too late.
In its decision, the Supreme Court finds that the Court of Appeals has analyzed the evidence in its entirety and that it is sufficient to prove Elona Burba's criminal responsibility. The court also rejects the claim that the lack of an autopsy makes it impossible to determine the cause of death.
According to the expertise administered in the process, the main cause was cerebral venous thrombosis, a complication which the courts have assessed could have been prevented if the medical protocol had been followed and the required tests had been performed before the surgery.
For the High Court, the fact that the surgical intervention was planned gave the medical staff the necessary time to verify whether all the foreseen analyses and examinations had been performed. In conclusion, the College assessed that Elona Burba's recourse was not well-founded and upheld the decision of the lower courts, making the conviction of the two doctors for negligent treatment final.