Grieving parents start civil action

The parents of Andrea Massa - a seven-year-old boy who died of peritonitis after being operated for appendicitis at St Luke's Hospital five years ago - have initiated civil action requesting a declaration of responsibility for their son's death, as well as payment of damages suffered.

Charles and Josephine Massa filed the application in the First Hall of the Civil Court against the consultant paediatrician, the surgeon, and the chief government medical officer.

In the application the Massas declared that on February 20, 2001, their son had been admitted to the hospital suffering from abdominal pains and was kept under observation.

Two days later he was operated for appendicitis by the surgeon, under the instruction of the consultant. But, following this operation, the boy's condition began to get worse and, on February 27, 2001, a laparotomy was performed upon him.

Following this operation the boy was admitted into the intensive care unit and, on February 28, 2001, he died.

The Massas claimed that the consultant has failed in his duties by neglecting to consult the relative treatment charts, with the result that no antibiotics were administered to their son following the appendectomy.

It also resulted that, despite their son's symptoms and critical condition after the operation, still no antibiotics were administered to him by the surgeon and no bacteriological or other medical tests were carried out by the consultant and the surgeon to diagnose and determine the cause of the infection. This had led to the boy's death, the Massas said.

The Massas added that, following the appendectomy, the consultant went on sick leave without having informed the administration and failed to give a proper handover with the result that, between February 24 and 27, there was no consultant effectively on duty in the paediatric department.

This failing was also attributed to a defect in the roster system at the hospital and to a lack of effective communication and consultation among the various doctors involved in the boy's treatment.

The Massas called on the court to declare responsibility for their son's death.

The Massas' legal battle of responsibility started before the Magistrates' Court in October, 2002, when the consultant was charged with involuntarily causing the death of the boy through negligence.

On November 8, 2002, after some evidence was heard, the magistrate came to the conclusion that there was sufficient evidence for the consultant to be committed for trial.

However, on February 12, 2003, the attorney general filed a declaration in the Criminal Court stating that he was of the opinion that there were not sufficient reasons to warrant the filing of a bill of indictment against the consultant and, consequently, the consultant was discharged.