Criminal liability of medical professionals for negligent treatment: Article 96 of the Albanian Criminal Code and the case of structured corruption at the Oncology Hospital

Medical malpractice is a growing concern in global healthcare, especially as patient awareness and expectations about medical standards increase. In the Albanian context, where the country is moving toward European Union membership, the legal system has incorporated international norms by recognizing criminal liability for negligent medical conduct under Article 96 of the Albanian Criminal Code. This law aims to protect the constitutional right to health and penalize healthcare providers whose negligent actions lead to serious injury or death. Nonetheless, applying this legal mechanism becomes complex when negligence combines with intentional misconduct. The “Oncology Hospital Case” in Tirana illustrates this combination, exposing alleged institutional corruption involving healthcare providers and administrators who reportedly manipulated access to vital oncological treatments and diverted patients to private clinics for illegal financial gain. These actions go beyond professional errors and may amount to crimes, including abuse of office, passive and active corruption, and, in severe cases, attempted murder.This paper adopts an interdisciplinary approach, combining legal doctrine, empirical case analysis, and public health data to examine both the normative and structural aspects of medical negligence and institutional malpractice, focusing on Albania. It emphasizes the legal interpretation of informed consent, the fragmentation of liability among multidisciplinary medical teams, and the systemic erosion of public trust in healthcare governance related to corruption.The findings highlight an urgent need for Albania to strengthen mechanisms for legal ccountability, improve institutional transparency, and carry out comprehensive reforms to safeguard patient welfare. Without these systemic protections, negligent actions risk evolving into organized criminal activity, undermining the rule of law and the integrity of public health systems.