Doctors deny causing immigrant's death

Two doctors who administered Valium to an asthmatic illegal immigrant before he suffered a fatal heart attack have pleaded not guilty to a charge of involuntary homicide due to negligence.

The female doctors, aged 28 and 31 and whose names cannot be published by court order, were working at St Luke's Hospital on the night of February 6, 2005 when Eritrean national Sagid Iisraquay Tegualde died a few hours after being administered the tranquilliser. It was given to him because he was being violent and refusing treatment.

Testifying before Magistrate Saviour Demicoli, Police Inspector Joseph Agius explained that the Eritrean had arrived in Malta on September 17, 2004. He had already entered the country illegally once before and been deported.

Mr Tegualde had a history of asthma and suffered from TB and it was not the first time that he had been admitted to hospital. A month before his death, he suffered an asthma attack at the Safi Detention Centre, where he was being detained. A doctor from the Paola health centre was called and the patient was referred to hospital. When the ambulance arrived, he became violent and refused to go, the officer said.

On February 4, 2005 he was taken to St Luke's and placed in the M8 ward. A day later he was examined by the younger of the two accused and the patient again behaved violently. He was short of breath, aggressive and refused to be examined.

The doctor called her superior, the older one, and informed her what was happening over the phone. The second doctor was in another ward seeing other patients at the time and gave instructions for the patient to be given five milligrams of Valium to calm him down.

The younger doctor administered the medicine even though she knew asthma sufferers should not be given Valium, she later told the police. The migrant suffered a heart attack and died soon after midnight, Inspector Agius testified.

The senior doctor told the police she had received a call from the other doctor informing her that the patient, who had asthma and tuberculosis, was being aggressive. She instructed her to administer Valium as she had other patients to see to. She said she visited him two hours later and he complained of chest pains. In view of his asthma history, she decided to give him Ventolin, an inhaler. The next time she visited him, he was dead.

An autopsy revealed that the Eritrean died from a collapsed lung, intra-pulmonary leakage and bronchial asthma.

In banning the publication of the doctors' names, on a request by the defence, Magistrate Demicoli said this was being done for the "better administration of justice".

The case continues next month.

Police Inspector Agius prosecuted.

Lawyers Michael Schiriha and Anna Mallia appeared for the doctors.