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Updated: Hospital staff attitude "wrong, uncaring and insensitive" - Ombudsman

Health Ministry to seriously consider Ombudsman's recommendations

Updated: Adds Health Ministry's reaction

The attitude of hospital staff and their failure to provide support to the parents of a 16-month old baby who died suddenly three days after receiving emergency treatment at Mater Dei “was wrong, uncaring and insensitive”, the Ombudsman has concluded.

The child died on December 27, 2009, three days after he was diagnosed with croup at Mater Dei.

The baby’s parents had expressed regret at the attitude of the hospital authorities and their refusal for a long time to give a proper account of their son’s medical condition and the reasons that led to his untimely death. The hospital staff had argued that the issue was the subject of a magisterial inquiry.

In his considerations on the death of the baby, the Ombudsman said it would have been in the interest of the health authorities themselves to set up an internal inquiry alongside the magisterial inquiry, especially when only three days before his death the child had received treatment at the Mater Dei Emergency Department.

The Health Ministry said this afternoon it was deeply saddened by the baby's death. It welcomed the Ombudsman's report and would be taking his observations very seriously.

"It is because of cases like this that Minister Joe Cassar has been advocating the introduction of a Commissioner for Administrative Investigation (Health Ombudsman) within the Ombudsman’s office who can ascertain patients’ rights within Public Health Care Services.

"Discussions to this effect have been held with the Ombudsman. Currently the Ombudsman Act is at Committee Stage in Parliament," the ministry said.

In his report, the Ombudsman said it would have also been appropriate to hold an investigation to establish the facts should civil court action be instituted for alleged negligence or for any other failure in the treatment and for which the hospital could have been held responsible.

The Ombudsman said that he shared the views of a former Chief Justice who was consulted by the health authorities regarding this case, that a magisterial inquiry was not meant to replace a departmental or other inquiry on the same issue under the Inquiries Act.

This former Chief Justice held that the Health Division should not plead that a case was sub judice and use this as a pretext to refrain from providing information to patients or their relatives.

In this case, it remained the function of the health authorities to provide support despite any ongoing judicial intervention.

The Ombudsman said he had also sought to establish whether there was in place a system that enabled citizens to verify what happened in state hospitals to patients who were close to them.

Clearly, there needed to be ways how relatives could be given explanations for their concerns on standards of patient treatment and to any complaints that might arise.

The Ombudsman said that the Health Authorities has said that action was in hand to establish a protocol with a set of standards and procedures to be used by Customer Care Officers when handling complaints related to patients in state hospital. However, the Ombudsman said, at times it was difficult to define the extent of the information that could be given to persons who presented these requests, also in view of any litigation that could possibly arise from the details that are being released.

In this case, the doctor who examined the child at the Emergency Department seemed to have made the right diagnosis The subsequent attitude of health care staff led to a situation where the parents faced an impenetrable wall in their efforts to shed light on this tragic event. The staff had been fearful of saying anything which could in their (mistaken) opinion be in breach of the Court’s orders, coupled with fears lest anything they said could be used as evidence against them in a potential civil court case, the Ombudsman noted.

“This situation was further aggravated when the Mater Dei management turned down the parents’ request for a copy of the child’s medical records," he said.

The Ombudsman insisted that fears of a possible claim for damages could not override a patient’s basic right and that neither was this right affected even if civil court action for damages is instituted.

He said that although the child’s unexpected death occurred at his parents’ home, the fact that three days earlier the child received treatment at the Emergency Department constituted enough grounds to consider this as a case which needed to be subjected to a formal internal inquiry.

Carried out in time, this inquiry would have been in the interest of all concerned, not least the parents and the health authorities themselves, even though the case was reviewed by the senior paediatrician at Mater Dei Hospital on the day of the child’s demise.

The Ombudsman was also deeply appalled that for several months the parents received no bereavement counselling at a time of deep pain caused by their child’s death and when they most needed support to cope with their ordeal. This failure had its roots in the mistaken approach in cases where a magisterial inquiry is in place although it was at least partly remedied when the health authorities agreed to discuss the circumstances surrounding this tragic event with the child’s parents.

The Ombudsman stated that although he cannot investigate the conduct of a magisterial inquiry or its outcome, on the basis of information made available to his Office, including the child’s medical records, there was nothing to substantiate the mother’s belief that her child had pneumonia when she first took him to the Emergency Department.

“In the Ombudsman’s view this belief was the result of poor communication between the parties involved in this painful experience and although he felt that a departmental inquiry should have taken place soon after the death of the child, he expressed his reservation regarding the value of an internal investigation at that late stage.”

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Lawrence Mayo

Nov 18th 2010, 19:06

HI

i am a pharmacy student, and i think that this country relies to much on doctors and nurses only. what about the clinical pharmacist? where are they at mater die? a pharmacist is more then just a dispenser of drugs, we are the professionals on drugs on drugs, an certain drug protocols do have to be utilized in hospital as research show they improve outcomes.

Pharmacists improve quality on the wards and reduce the incidence of drug related deaths, mistakes and offer advice on how a certain therapy should proceed, this can be seen in former Zammit clapp hospital where the adverse events were reduced because of a clinical pharmacist.

The pharmacist is a great source in community as he can diagnose a disease like croup and refer immediately " WITHOUT MONEY free of charge" all u need is to talk to one, and avoig queuing for the doctor's office. This would have saved time and time is a BIG factor in curing disease !!!

Dr Francis Saliba

Nov 19th 2010, 13:12

You mean that a pharmacist is qualified to diagnose "croup" without seeing, let alone examine, the patient, on the say-so of someone calling at the pharmacy and to prescribe treatment? What if the "croup" is not croup at all but something else? I would have thought that a pharmacist would have his hands full enough ensuring that the prescription be accurately and safely dispensed with precise advise how it is to be taken.

Vince Portelli

Nov 18th 2010, 10:22

@ Dr Francis Saliba

I wasn't necessarily talking about "alternative medicine", but also the latest developments in mainstream "western" medicine, and more specifically the attitude problem *some* doctors still have in this day and age that patients are absolutely ignorant in medical matters.

More specifically, *some* doctors don't like to discuss with patients and to hear their points of view (even if based on material from let's say the Mayo Clinic website (isn't that the temple of "western" medicine?), either out of snobbism or impatience/lack of time or, even worse, the influence of "Big Pharma" (monetary commissions or other perks paid by the pharmaceutical companies so that their products are prescribed most of the time, in the face of anything else available - including the possibility of a non pharmaceutical approach which may make sense in some cases).

So, before rushing to any courses in "alternative medicine", I suggest doctors/nurses to take some training in customer relations. And, to repeat what I wrote before, to take an attitude that they treat people not diseases.

There is a fine line between "prudence" and "arrogance" and the wise doctor would not cross it. It's not easy being a doctor, I know!

Edward Zammit

Nov 18th 2010, 12:44

@Vince Portelli
Trust me it's not easy being a doctor. I agree with you that there are some health professionals who are poor communicators or who are not up to date with the latest developments. Fortunately that is changing, continuing education is being emphasised more than ever, treating the patient is becoming the order of the day, more so than in the past. However, there is more work to be done.
I only ask you to acknowledge those who are doing a good job.

Dr Francis Saliba

Nov 17th 2010, 22:38

'There was no concealment going on in my case." ( Michael Hudson)

Of course there WAS concealment. Your concealment was not from the second doctor from whom you asked for a second opinion and who complained about your delay in seeking alternative treatment if you were dissatisfied with the treatment prescribed by your usual doctor. You concealed this change in treatment from your usual doctor and to whom you reverted. Let me guess. Your usual doctor came to know of your "second opinion" not from you, but from the second doctor fulfilling his duty according to the ethics of his profession.

Michael Hudson

Nov 18th 2010, 09:55

U ejja, int bis serjeta jew, you want to be treated with courtesy, as if you were God's gift to mankind. Kemm ha ddum ma tifhem li jien ma qbadtx u mort ghand tabib iehor mill-ewwel, izda wara li il medicina ma hadmitx ghal diversi gimghat. The only thing you did here was disagree with almost everyone who commented, as if only you're right. I did not ask you to judge but to honestly anwer a question and I can clearly see your answer, regretting answering calls from people like me and smelling a rat..........
I won't be wasting more time with you but I do suggest smelling around you, incase the rat is in your very close vicinity.
Have a nice day Dr. Saliba

Edward Zammit

Nov 18th 2010, 12:53

@Micheal Hudson

Everyone should be treated with courtesy, irrespective of their job or profession, even little children. Dr. Saliba should be no exception. You have every right to a second or even third opinion, but courtesy and respect cost you nothing. It is perfectly natural for a doctor or anyone else, for that matter, to be annoyed at this situation, especially if the patient goes right back to him soon after. You either trust him or you don't. I am not saying you're wrong - it's your right, but you can't blame the doctor either.

Michael Hudson

Nov 17th 2010, 13:51

@ Dr. Francis Saliba. Dear Dr., What do you mean exactly by clandestinely seeking another opinion. The second Dr. when presented with the prescribed list of medicines that my child was being administered told me off. He said indirectly that I was stupid to persist with so many medicines without seeing improvemnet. Don't think for a minute that the second doctor wasn't presented with the initial treatment prescribed. There was no concealment going on in my case. I would like to ask you one question, would you refuse to answer your phone if you discover that one of your patients, who seeked a second opinion and you know about it is trying to reach you, because the whole issue here is this fact.

Vince Portelli

Nov 17th 2010, 16:20

(This comment was meant to be posted to the other news-story regarding Baby Pea - my apologies for any confusion caused)

J Micallef

Nov 17th 2010, 19:53

Well done! Your first two points are right spot on... all we need now is for you to kindly show us your research to support your hugely intellectual claims!

Edward Zammit

Nov 18th 2010, 13:10

1) ' Most" is wrong. Most doctors are continuously updating themselves, and educating themselves. Only a small minority are guilty of what you say. Complementary medicine, rather than alternative is becoming more popular, but it comprises a wide variety of disciplines, some of which are useless, while others are very effective. The problem is the general lack of scientific evidence backing them up. Hard, scientific evidence, that is.

2)Again, you generalise and exaggerate. Arrogance is not that prevalent - it's there, some have it, but it's not that bad. It's just as common in the patient population encountered.

3) Thankfully, the patient-centred approach is becoming more p[revalent, as opposed to the doctor-centred one practised in the past. However, there is more work to be done.

4) True, the policy can definitely be improved. Just remember that mothers often share the room with others, therefore one woman's husband is perceived as a visitor by another woman, who may not be comfortable breastfeeding her baby in the same room.

Albert Cocker

Nov 18th 2010, 18:02

Doctors are smart, therefore you think they are arrogant when they describe what you are, but in reality they're just being honest.

I'm not a doctor/nurse, but I am honest.

Colette Berman

Nov 17th 2010, 19:34

Dear Dr. Saliba,

You said: The Ombudsman is not accusing the hospital authorities of any “malpractice” if you know what medical malpractice means.


Yes, I do know what malpractice means, and I never suggested that the Ombudsman accused the hospital authorities of malpractice. What I suggested was that if there was no malpractice, there was no need to be so defensive when it came to supplying information.

Patients and parents, however emotional, need respect; this includes having their questions answered with as much information as they can cope with at the time, and repeated at a later stage when they are less stressed. Being refused information is actually more stressful as they feel that they and their worries have been negated. I appreciate that doctors may not always have the time or the inter-personal skills to do this, which is why inter-disciplinary team work is being introduced - successfully at other locations, but it appears less so at MDH.


Perhaps if there was on-going training in communication, we would be seeing less of these sad exchanges.

Colette Berman

Nov 17th 2010, 20:01

?? The danger is that uninformed people would jump to that wrong conclusion, as you seem to be doing.

This is far from this being the case on both counts. I am neither uninformed, nor jumping to conclusions. I have expressed my personal opinion that much of the distress of two sad cases which have featured and been commented upon on this site could have been avoided through better communication.

Colette Berman

Nov 17th 2010, 23:07

Ooooh! Touchy!

Michael Hudson

Nov 17th 2010, 09:56

Dear Mr. Debono, that is why enquiries should be made, so that if the staff is overworked, it is known to the public and the public syphatises with the staff if this is the case and not vice versa as is seen here. MONEY, well don't all doctors have their private little thing, Aren't they allowed to not provide you with a receipt...........I wish I had a way around tax like that.

A Cassar

Nov 16th 2010, 15:09

It is a complete different issue!!!! In this case the couple are complaining because there was some lack of communication and empathy in a tragedy. In the case of baby Pea, the parents were refusing investigation for a possible problem.....which was resolved only with a magistrate removing parental rights.

Karl Farrugia

Nov 17th 2010, 15:09

I would say it's the same identical issue!
David and Marissa have asked the authorities at Mater Dei to release the baby to consult a private doctor at a private hospital, but the request was refused. Moreover, they were not given any information whatsoever on the state of their newborn, and were effectively stripped off their parental rights. They should have had the right to consult any doctor they wanted at any institution. It is blatantly FALSE that they refused medical care for their child. Do not twist the story in your own liking. They only consulted the internet because they had no trust in the hospitals medics, which would not be the case if they consulted their own.

Fenech MD

Nov 17th 2010, 19:04

@Karl Farrugia

In the case of baby Pea, the parents were refusing treatment not because they wanted a second opinion, but because they believed what they read on the net. Would the magistrate not have taken a second opinion herself if she thought that the doctors were not giving proper treatment to the baby?
I think the magistrate did not trust the parents enough, maybe she thought that they were saying that they were going to have a second opinion just to get the baby out of hospital, then doing nothing. If something would have happened to the baby (after being released from hospital), what then? Who would be the culprit?

Albert Cocker

Nov 18th 2010, 18:32

Fenech MD, if parents want nature to its course, then let them.

Also the Internet is not a trusted source of information, unless they got this "information" from well cited medical journals, which is unlikely. The most likely thing they did was get bogus stories from a bunch of unqualified and ignorant people (who think they know a lot, but in reality know nothing).

Also, they could have called other doctors and spent the money themselves if they wanted a second opinion.

M. Calleja

Nov 16th 2010, 16:00

@ Michael Hudson.
You are right. We had an almost identical experience. Instead of "hippocratic oath" ... it should be called "hypocritical oath" ...

Dr Francis Saliba

Nov 16th 2010, 16:06

I can sympathise with any parent's anxiety about their baby's illness and their desire to have second opinions but there are safe/unsafe, ethical/unethical ways of going about it. This is in the interest of the child itself. If you do not have faith in your doctor it is perfectly proper and ethical to change doctors or to seek other opinions but don't do it disloyally behind the back of the doctor who is currently treating your child and who probably will remain saddled with the responsibility of treatment still to come. The doctor whose second opinion you seek should know what investigations and what treatments have already been carried out, why and with what result. Believe me a distressed parent is not the best parent to do this properly. I remember a case where a patient of mine managed to reduce his pulse to 20 per minute with the imminent risk of sudden death from heart block because he foolishly sought treatment from another doctor behind my back.

Colette Berman

Nov 16th 2010, 19:38

QUOTE: The doctor whose second opinion you seek should know what investigations and what treatments have already been carried out, why and with what result. Dr. Saliba, this is very true, but difficult when Mater Dei doctors routinely refuse to co-operate with doctors in other hospitals. Also, when parents request information this not only a courtesy, but also their right. As for hospital staff 'incriminating themselves' this could only happens in the case of malpractice, so if hospital staff have followed best practice and acted in good faith, what are your really afraid of?

Dr Francis Saliba

Nov 16th 2010, 21:11

@Colette Berman

My doctor has no difficulty in obtaining all my MDH records over the net - the service is only available to those entitled to it, not to every Tom Dick or Harry who claims to be a relative or to have an interest.

An accused person (and therefore an innocent person until the contrary is proved), is entitled to remain silent whether he is truly guilty or, much more so, if he is innocent but is being harassed by a false accusation intended to blackmail him to pay up so as to avoid adverse publicity or to extort undeserved damages from his insurance company. It is a reasonable and fundamental principle of law that he can choose to remain silent . That is applicable to everybody - not just doctors and hospitals. It is applicable not only in cases of actual malpractice but also in cases of alleged malpractice instituted vengefully, out of spite or to extort "damages". Such proven cases are legion abroad, especially in the USA where lawyers follow ambulaces and police hearses and advertise "no damages earned, no fees paid". The practice of attempting to damage doctors' reputations unjustifiably is regrettably gaining ground locally also.


Michael Hudson

Nov 17th 2010, 09:46

@ Dr. Francis Saliba, I think most of the parents. There is nothing disloyal about getting a second opinion, there is no contract here. If after your child has been prescribed half a pharmacy of medicines and it's not working, it's natural you seek a second opinion. One needs to be either stupid or doesn't love his child if he doesn't seek a second opinion. YOU KNOW WHAT IS UNSAFE AND UNETHICAL, A DOCTOR WHO DELIBERATELY REFUSES TO ANSWER YOUR CALL WITHOUT HAVING THE GUTS TO TELL YOU TO YOUR FACE THAT SHE DOESN'T CARE ABOUT OUR KIDS, AFTER ALL IF SOMEONE OFFENDED HER, IT WAS ME AND NOT THE KIDS.

j gatt

Nov 18th 2010, 14:21

@Dr Saliba
In the good ol US of A, undergraduates do not live with Mummy, they pay rent, they work part time waiters in the evenings, there`s no minimum wage either, they make it on tips, so need to be good with clients, or they get the boot.
They get bank loans for their studies, so they are accountable to the bank, ie they pay the loan back with interest.

Maybe they are so agressive as they have a tough time, and need to make it on their own. In other words, there`s no free lunch over there

Vicki Soler

Nov 16th 2010, 22:45

I cannot agree with you there. I am very sorry for the family of this poor child though not all the staff at Mater Dei should be blamed for this incident.

Malvin Debono

Nov 16th 2010, 12:38

@Brian Camilleri. So in your opinion , medics are the only ones who can assess whether patients and relatives have been treated properly?? Your comment does not make sense and if you think that medical authorities can do what they like without being held to account you are sadly mistake. A magisterial inquiry does not preclude the ombudsman from investigating the operational procedures of a department. I would suggest that next time you think before you comment.

Dr Francis Saliba

Nov 16th 2010, 14:51

@MalvinDebono.

Obviously, doctors cannot do what they like, without being held to account, because they are answerable before the courts of law and the Medical Board. It should be obvious that lawyers are not competent to overrule doctors in technical matters how to treat patients properly, secundum artem, just as medics are not competent to overrule lawyers in legal matters. As regards disclosure of hospital records, apart from any confidentiality issue, no one can be obliged, not even by the courts of law, to incriminate himself. Now, that is a matter on which the Ombudsman, being a lawyer would be highly competent to enlighten the rest of us.

c. Muscat

Nov 16th 2010, 15:50

Arrogance Mr or Dr. Camilleri? You called the Ombudsman 'JUST A LAWYER' who is trying to look good in the eyes of the parents and the 'POPOLIN'. You've also baselessly implied that the Ombudsman's findings were not objective but a way to make the headlines or step on the Magisterial Inquiry's toes 'before he retires'. That's funny, I always thought that people who use such crass language are arrogant and that generally people who are on their way out want to do so quietly and as painless as possible! If you are JUST A DOCTOR or other HEALTH PROFESSIONAL who got his education through the taxes of the 'POPOLIN' please do not bother to enlighten me as to what constitutes arrogance....only an English professor with a PHD will do!!! And no I am not a lawyer, not even close to one....i just respect people and their professions whatever they may be. I also have a high regard for the health professionals.

John M. Grima

Nov 16th 2010, 21:20

Another, "poor communication", by the staff and management of this hospital???? No matter how good nurses, staff, doctors and management are. There is always room for improvement.
And surly any patient is ENTITLED to a copy of his or her medical record! What is there to hide? Also, an Ombudsman HAS the power to not only go over every scrap of paper &/or document, but also to make the finding public. That's what s/he gets paid for.

j gatt

Nov 17th 2010, 11:03

@C Muscat, well said, seems that some professionals need to be reminded that our University, with all the associated financial support required, is at the expence of the hard earned (in the majority of cases) tax payers money, so they should be accountable to the tax payer, especially those professional serving at Goverment institutions.

It seems that once one Graduates and walks out of the premises (University) the local mentality (of the majority & this applies to all other professions) is that all other mortals are only there to serve and be exploited by the now priviledged, elite class, no matter their previous background or status.
To quote an old saying that - man makes clothes not other way round, likewise qualifications does not necessarily makes humanity, at times unfortunately, the system just creates plain arrogance.

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