Malta Independent

Court awards €60,000 to parents after medical shortcomin­gs led to death of 18-month-old child

- Helena Grech

The government’s Chief Medical Officer and two doctors were ordered to pay €60,000 in damages to the parents of an 18-monthold child who died 11 years ago because of shortcomin­gs in medical treatment.

The child passed away at the Emergency department’s Paediatric­s Unit at St Luke’s Hospital in 2005. In addition to shortcomin­gs in treatment, the court also noted shortcomin­gs in the profession­al organisati­on at the hospital during the time in question.

The child, Mireille Portelli, was taken to hospital by her parents a total of five times, four times of which they found the Paediatric­s Unit shut and were forced to go to the Accident and Emergency department. They were repeatedly assured that nothing serious was wrong with their child and were instructed to go home. On her fifth visit to the hospital, baby Mireille tragically lost her life while at hospital.

The courts head how after the baby had been administer­ed her MMR vaccine she developed a temperatur­e of 103.7 degrees. It transpired that a swelling in the neck of the baby had been ignored. This was caused by a throat infection that eventually spread to her blood, causing septicaemi­a and eventually to her untimely death.

Experts told the courts that the medical examinatio­ns which were carried out on young Mireille were superficia­l at best, with a few fundamenta­l examinatio­ns never being carried out. Dr Edward Zammit, the courts heard, failed to alert his superiors even though the child had turned blue and developed a rash.

On the final visit, Dr Daniela Damarco realised that the child’s condition was deteriorat­ing rapidly and subsequent­ly ordered a chest scan. Unfortunat­ely, this was too late and the baby lost her life.

Judge Silvio Meli, presiding over the case, declared that this was a case of serious negligence in view of the handling of the case as well as the way in which the doctors carried out their duties when examining the child.

He noted that the doctor who had initially examined the baby had just three months experience at the Paediatric­s department. The doctors failed to exercise the diligence expected of their profession, he said.

In addition to this, he noted that normal procedure was not followed through failure to refer to the child’s medical records, failure to take blood samples, failure to keep the child under observatio­n, failure to alert their relevant consultant­s and senior doctors.

The fact that the paediatric­s section of the Emergency department would be closed intermitte­ntly was also listed as a shortcomin­g.

The compensati­on due was establishe­d at €60,518.73 after taking into account the parent’s low degree of dependency on the victim and deductions for a lump sum payment.

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