Ombudsman recommends investigating death of woman in gynecology

The ombudsman has recommended the State Prosecutor and the Ministry of Health to start investigating the death of a woman in the Gynecology Department last January. year.

The subx0 report with recommendations by the ombudsman has been initiated after the accepted complaint against the University Clinical Centre of Kosovo, the Ministry of Justice and Constitutional Prosecutorship in Pristina, regarding claims of irresponsible medical treatment, no correct definition of the cause of death with legal autopsys, as well as inefficient investigations, in which, during treatment with blood transfusions, the state had been complicated, and on January 24, 2016, a report by the Ombudsman's Office.

Based on legal analysis, on established international standards, in particular on the European Convention on Human Rights (KEDNJ), as well as on the practice of the European Court of Human Rights (GJEDNJ), the Ombudsman finds that local legislation is in accordance with the Constitution and international instruments for human rights protection.

However, the actual situation, including the case in question, warns of violations of right in life because of the actions of the medical staff meaning objective or subjective responsibility, as well as the inefficiency of the investigation, which is guided by the prosecution, which is a condition for the full implementation of law protection for life, given the practice of the GEDNJ.”, is said to be in progress.

Through this report, the Ombudsman recommends the Constitutional Prosecutor in Pristina to comply with the competencies and authorisations stemming from the law, as well as in co-operation with all relevant agencies, to take all necessary measures for the development of rapid and effective investigations into the complaint case, whitewashing all the circumstances and causes of the wife of the complainer. Moreover, to assess responsibility, including objective responsibility and subjectives, that could facilitate the issue of compensation for the party.

Meanwhile, the Ministry of Health, the Ombudsman, recommends that, in accordance with the competencies and legal authorisations, establish the special commission for assessment of the situation, which after assessing the situation on the ground would draft working protocol with strict rules for cases of blood transfusion.