The state does not compensate for the damage done to patients from the health system

The Patients' Association has also sent this case to the Ombudsman, but since 2019 it has not been answered. While, from the ruling party pledge to address these issues under legislation.

Kosovo Patients' Association Chairman Besim Kodra says health institutions do not meet the conditions for such services. According to him, the state is not willing to compensate patients who have suffered from the health system.

Such complaints have but little to prove that the patient must first be harmed then demand compensation. The fact that courts are updated in proving patients' complaints and then patients are unable to demand for harm caused in case of medical error... The past two years have been mixed with pandemics, the compensation requirements have been much smaller than before. However, in 2016, 2017, 2018, we have had many such cases in court. Because administrative procedures in proving the violations committed to patients are very uncommunicables, not well regulated”, Kodra says.

The few cases of compensation against patients have been of judicial procedures, but not administrative ones.

Commission for Health member Haxhi Avdyli says they are working for better legal basis, since it states that citizens' right to compensation has not been implemented.

We as a Parliament and as a commission take all these announcements or signals about the damage that happens seriously. We're aware that the damage in the work is present and we don't pretend that our surgeons will be the ones who won't have any complications because, even in the United States, even in every country, there are these injuries, but we're going to try that through the laws we address in the right way possible... We as a commission will review it because this year there will be legislation on re-animation and we will have the patient in the center”, says Avdyli.

Even cases that have opened court cases have, he says, had no clear legal basis for addressing them.

The numerous “Rasts have also been addressed in courts. Courts have often not been very clear about addressing such complaints or injuries to patients, and in this regard there may have been little legal basis for addressing them. I think this should always be looked professionally, so that the various professional teams will be assessed if this mistake was on the job. It was a mistake of neglect or was an involuntari reaction that could happen during work”, he points out.

Compensation of patients is guaranteed with the Law on Rights and responsibilities of citizens in healthcare since 2004 (38/2004).

Given this law, Kodra says no public health institutions can start working without paying the tax for institutional responsibility. However, this is not happening in Kosovo.

A fund should be established at the Ministry of Health, which compensates patients who have suffered damage. Private health institutions cannot be licensed without paying the tax for professional responsibility at a insurance company, which would have to compensate patients if they were harmed in institutions. MSH has made a violation of the license of private institutions without paying this tax. The second offense is that it has released public health institutions at work without paying the tax for professional responsibilities and creating funding at the Ministry of Health... We have filed complaints with the ombudsman because the MSH has not been updated in handling our demands and since 2019 so far has no response. If even the ombudsman is violating patients' rights, it is very difficult to find an institution that does not violate”, he adds.

The ombudsman's office has been asked about how many cases of such complaints have been addressed and why they have not responded to the Association of Patients' request, but have not been willing to respond.

A health ministry response reportedly says that the alleged damage and demands for material compensation must be answered by courts.

The patients present their complaints to the free line in healthcare inspectors. But no complaints are made because there are no mechanisms that enable it for them. For this reason, conflicts where one seeks material compensation for the alleged damage could give courts”, Hoti told Kosovas.

Otherwise, Kosovo has only adopted the law that envisions the material compensation of patients, but the same is not being implemented.