The 7-year-old's death case, IML expert claims about the toxicological examination report

At Wednesday's session at the Foundation Court in Pristina has been heard by Institute of Legal Medicine (IML), Goga-Bajram butterflies, in the case where doctors Alban Gjonbalaj and Arben Kutlovci are accused of irresponsible medical treatment.

The IML expert, head of the Toxicology lab, has stated that he conducts toxicological tests, which are sometimes done at the request of a legal doctor, reports “Justice Trust”

In the question of prosecutor Ardiana Wessel over the presence of propofofo and phentanili in the already deceased body of T. H, the expert has stated that in the range of analysiss that they do not already test the propofote bar is analysed but that the same has not been detected as positive.

She added that in the case of a legal doctor, she has requested tests for alcohol, drugs, and drugs and that in each case, tests are done to the extent required by legal doctors.

In the question of representatives of the damaged party, lawyer Besnik Beqiri, about her license and whether it is in line with the Law on Health, the Goga-Bajram expert stated that her position as chemistry engineer is not subject to the Law of Health but to that of Legal Medicine.

According to the same, each case in the toxicology laboratory, including the case in question, is treated in the same way.

Thus, samples are accepted, prepared for medical analysis, and applied tests conducted, claiming that blood is the primary sample and then the sample of urine.

The same has stated that the cases are not worked separately but that the same are collected and then examined.

We don't work cases one by one, but the cases are collected and worked out as if twenty cases together, thirty cases, ten cases, five cases, we don't work cases only because there's costs, it's also happening in the case of”, Goga-Bajram said.

For samples taken from the autopsy hall, the expert has stated that the same are stored in the toxicology laboratory in Africa in temperatures ranging from -14 to 20 degrees Fahrenheit [14 - 20 ° C].

Defending accused Alban Gjonbalaj, lawyer Salih Gjonbalaj has asked the expert if any changes or degradation of any blood and urine samples are possible if the same are maintained by standards.

For the above - mentioned question, the expert has denied any change possible.

It is noteworthy that the representative of the damaged party, lawyer Beqiri, has proposed the hearing of another IMl expert, a proposal that has been approved by the court.

According to the indictment compiled on January 31, 2023, by Pristina Constitutional Prosecutors Alban Gjonbalaj and Arben Kutlovci, during their work as doctors, in the case of providing health care services, have not implemented the health care profession's rules by acting carelessly openly, using improper medical means or methods, with the result of such actions, until the patient's death, now of TH.

The indictment states that on October 4, 2020, during medical treatment, conducting magnetic resonance for the patient, now felt T.H., defendant Arben Kutlovci has agreed with the injured witness Lutfije Haxhiu to perform magnetic resonance on October 4, 2020. But, in advance, in the case of providing health services, he accepted and directed a review of “M R I AL Body”, contrary to practices and legislation in effect, conducting such intervention without being equipped with the direction for examination, as well as failing to make the identity of medical personnel and health documentation and health documentation.

In addition, the indictment is said to be defendant Alban Gjonbalaj on October 4, 2020, about 9:15 in the clinic's environment “CT SCANER” (Institution Private Health), in case of health care, has unprofessionally assessed the patient's current state of feeling T. H, not measuring body weight.

The examination of the deceased is said to have been done without medical instruction, as well as the recording of the patient's magnetic resonance of the entire body has been done without the presence of Radiology doctor, but rather than the doctor Muhammad Berisha Technique of Radiology without a currency license.

According to the indictment, due to the failure of relevant experts, the defendant Gjonbalaj has given the first dose of anesthesia to the patient, where the same dose has been given in 10 to 15 minutes later, thus making the situation worse during the “procedure. MIRI” And after the deterioration against first aid and the delivery to the QKUK emergency, the patient had passed away.

For these actions carried out separately, the upper ones are tasked for criminal work “Unaware medical treatment” by Article 254 pars. 8 connected to par.4 with KPRK's par.1.