Reckless Medication (or Medical Negligence) in Albania: A Criminal Case-Law Stud

In recent years, Albania has become one of the main tourist destinations. In addition, several medical interventions, especially plastic surgery, have been conducted in Albania. Thus, by applying a case-law study, this paper focuses on medical criminal liability for reckless medication (or medical negligence) in Albania because, in 2001 and 2019, the Albanian legislature modified it by narrowing it only to medical negligence. The judicial approach has been chosen since the role of jurisprudence has been underlined in recent reforms in Albania, which has also been established in the constitutional modification of 2016. Furthermore, in civil-lawcountries, judges also have significant power, especially in the case of medical law, where judges are substituting national lawmakers. This research considers all cases dealing with medical criminal liability for reckless medication by highlighting the difference between medical criminal liability and “medical misfortune.” In conclusion, the paper informs (international) readers about Albania's judicial approach to reckless medication (or medical negligence) in Albania.