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Seven doctors face charges over two-year-old girl's death

Seven doctors were this morning charged with the involuntary homicide of a two- year-old-girl, Aimee Abela, through negligence and misdiagnosis, at Mater Dei Hospital two years ago. All pleaded not guilty to the single charge. 

Lawyers Michael Sciriha and Joe Giglio asked the court to ban the publication of their names. Dr Giglio said that the proceedings should be heard behind closed doors. There was a whole ward in the dock he exclaimed. 

Lawyer Arthur Azzopardi appearing for the victims' family, objected to the request.

Dr Giglio said that once taken to court, people were condemned by public perception.

Dr Azzopardi interjected, saying that the fact that there was a ban would make the matter worse because the whole hospital would be blamed.

Magistrate Antonio Micallef Trigona agreed to a ban on the names.

VITAL TEST NOT MADE

Court-appointed expert Forensic Pathologist Mario Scerri testified that during a magisterial inquiry he examined the dead body and presented a report after also speaking to witnesses.

He said that the girl died from meningitis. This was a case of a child who, in February two years ago, had been vomiting and was given voltaren and taken to St James. She was examined, given medication, and taken home.

On the next day she still had a temperature and a doctor, one of the accused, recommended that she take motilium.

Later she was taken to Mater Dei Hospital. 

The girl was alert when she was taken to Mater Dei. There was evidence she had a bacterial infection but for some reason her urine sample was not taken to the lab for analysis, Dr Scerri said.Nor was she given antibiotics at that time.

Her mother called the same doctor, who also worked at Mater Dei, and he said that he was at children's outpatients and could not see her.

The mother called again after a few hours and insisted that he see her.

She spoke to her own doctor, and he told her that there was a bacterial infection. When she relayed the information to the doctor at Mater Dei, he told her that it was for him to decide and not someone else.

The girl later died and an autopsy was ordered. 

Dr Scerri said it was established that bacterial meningitis caused the death.

Dr Scerri said that when called to testify before him during the magisterial inquiry several of the accused  exercised their right to silence.

He regretted that none of the doctors had performed a septic screen test on the young patient. 

In one of the entries in the medical records, one of the doctors said that the child looked miserable. Later he said 'very miserable' and 'extremely miserable'.

And yet nobody picked up on the fact that there was a bacterial infection.

Replying to questions, Dr Scerri said that in this type of bacterial infection one could have full blown presentation of symptoms or no symptom,s but one did not  go with presentation only.

Taking the witness stand, microbiologist Chris Barbara, chairman of the pathology department said blood tests were carried out on the child. It resulted that her white blood cells were elevated but that could mean that there was a inflammation or an infection or  both. These results are done in real time. The results were uploaded online but other tests were not requested. 

 

 

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Peter Murray

Feb 28th, 11:04

Australia is Nirvana then is it Chris?I think this country has more than fair of problems and injustices to deal with and even more now than when I left in 1992.

oliver mallia

Feb 27th, 19:35

Storja interesanti Mr Borg wara dan iz-zmien kollu. Ipublika fuq it-Times of Mal
ta

Adrian P. Cassar

Feb 27th, 20:22

Misdiagnosis is NOT a crime!!!

S.M. Cuschieri

Feb 27th, 21:29

Not only on the TOM, Frank, but on other papers too....I know all the names including the head of dept.

Joe Grech

Feb 27th, 18:11

Mur obsor ghalik hej...Time heals! Indeed!

L Galea

Feb 27th, 18:51

Time does not heal Mr Buhagiar you are wrong!

Mauro debattista

Feb 27th, 18:57

Mr Buhagiar it's an insult for someone who lost a dear relative or friend. I lost my brother who was 24 years old. Believe me time doesn't heel.

Ray Buhagiar

Feb 27th, 19:54

I refer you to the Kobler Ross five stages of grief. At the end everyone has to come to terms with grief or mortality. This is all researched and there's nothing one can do.

Joe Busuttil

Feb 27th, 20:10

Have you found yourself in the same situation as these parents? I know that for me there would be no healing with time. Doctors have a great responsibility and everything should be done ,even by checking and double checking,and checking again,so that things like this do not happen. Very sad indeed.

S.M. Cuschieri

Feb 27th, 21:34

Oh go away!!! Time heals??? Yeah right!!! I am not saying mistakes cannot be made, because doctors are only human too...But a mother's gut instinct is ALWAYS correct!! And to the sometimes arrogant doctors, they think she is just an overbearingly protective mom and just fob her off!! Anyone remember the case of poor adrian Massa? Who died after a simple appendicectomy? Coincidence maybe......???

M Fava

Feb 27th, 18:02

Yes they are allowed. In fact, their final exams in 5th year at uni include diagnosing a patient. However, if I were you, I wouldn't be so quick to point fingers at junior doctors. They do diagnose patients but their work is double-checked. You are immensely insulting their knowledge and hard work.

Adrian P. Cassar

Feb 27th, 20:25

7 doctors.....7 not one. So even if one or two were housemen, what about the other 5?

Michael Bonnici

Feb 27th, 21:59

M Cassar:

Junior Doctors ARE fully qualified doctors, having endured blood, sweat and tears for 5 years under the guidance of the very professional and experienced medical/surgical teams who taught them.

You are indeed immensely insulting to their knowledge and dedication.

Tony Borg

Feb 28th, 07:21

Fava you really missed the point since established docs and profs were all house men one day too. So what is the point of leaving them out of the picture?
If they tried all they could and failed is one thing but Negligence is Punishable!!
If I was the parent I will not rest till their heads roll too.

Pule' Carmel

Feb 27th, 18:02

Same as Engineers and who are required to guarantee their services and product for years. Doctors do not need to guarantee their services and neither do lawyers, notaries, nurses, teachers, priests and so many more social professions. Guaranteeing one' work is the most mind-boggling part of any service.

M Fava

Feb 27th, 18:05

Except my mistakes don't cost a human life.

Franco Attard Trevisan

Feb 27th, 18:11

Carelessness can never be excused in any profession let alone the medical one and especially where kids are involved!

Doing your utmost but not succeeding is one thing (which can be somehow excused)... Being careless and costing the life of this beautiful being IS NOT!

Courtesy by patients is a great thing and should be encouraged but professionals are expected to do their job well!

Peter Agius

Feb 27th, 22:14

Viral meningitis is not as deadly as the bacterial one. In fact viral meningitis is 95% curable with no severe residual effects. On the other hand the bacterial type is always highly dangerous and even if cured will result in devastating after effects due to septecemia. Even children of doctors were misdiagnosed by their parent with fatal results. Rest in peace Aimee. Parents find peace.

Joseph Buhagiar

Feb 27th, 17:33


My dear, I am not a doctor, an engineer but had to stay with my son in hospital for a year.
The only thing I can think of (and my son almost dies because of this) is that sometimes they are terribly busy. I have seen 1 doctor and only 1 nurse takce care of a packed ward. Myself, I did not blame the nurse who did the mistake of giving him undiluted saline!! I balamed it on the adminstratdocton.

Anthony Falzon

Feb 27th, 16:55

an error rate....by all seven doctors???

GL Calleja

Feb 27th, 16:56

I think somebody is instigating and riling the family against these doctors. Somebody who has a lot to gain monitory? Besides venom there is a lot of hate. Why are they putting the families through this grief? Shame on you all.

charles fenech

Feb 27th, 17:08

Maybe when you come down from the podium you and your colleagues are on, you might understand why people are expressing themselves the way they are. Everyone should shoulder their responsibility, irrespective what status they have. IF the court finds them negligent they should face the music. I'm not too sure about not publicizing their names, they don't hide others', so why should they?

Victor Rodenas

Feb 27th, 17:17

If it`s your only daughter you will reason differently,...so shut up and do not hurt the sentements of the family.

Franco Attard Trevisan

Feb 27th, 18:14

Don't know if you noticed but a two year old's life has been wasted and a family destroyed due to carelessness!

If it was just a case of a failed attempt to save someone I would agree with you but this is not the case!

GL Calleja

Feb 27th, 17:03

Unfortunately this has become a money making business for some ????????. Win or lose they have nothing to lose but make money. I do feel for the little girl's family having to go through this and I hope they use good judgement because from here on very few doctors will want to treat them if they are afraid of repercussions. Think about that, doctors have feelings and families to worry about too.

GL Calleja

Feb 27th, 17:06

Best advice I have seen so far, Doctor, and I wholeheartedly agree with you.

Mr ALBERT LEONE GANADO

Feb 27th, 22:04

My full sympathy with the family. However I remember my wife's uncle who was a leading child specialist in Toronto lamenting that it was becoming very difficult to find doctors who want to specialize in child pediatrics because the consequences of anything going wrong would immediately ruin a career. Let us remember that many of us parents owe it to doctors in our hospital for saving our offspring

JOSEPH VELLA

Feb 27th, 16:51

here we go. political comments between the lines. don't you ever get bored of your one track mind?

Anthony Falzon

Feb 27th, 16:56

The fact that they have been taken to court proves that there is accountability.

Joe Grech

Feb 27th, 17:56

@Joseph Vella - political comments my foot! As far as I can tell, they were taken to court because the child's parents filed a case in court and not because the hospital authorities started investigations. My comment would equally have applied had there been a PL administration...
It's YOU who's being politically biased!

JOSEPH VELLA

Feb 27th, 16:53

I agree, but not before they are found guilty

S. Azzopardi

Feb 27th, 18:58

I totally agree.

Anthony Falzon

Feb 27th, 16:57

Well said Stefan.

Adrian P. Cassar

Feb 27th, 16:18

SEVEN doctors and nobody, nobody suspected meningitis.
If you don't suspect something you can't do anything about it hux hekk?

Adrian P. Cassar

Feb 27th, 16:20

I thought this was about justice and not vengeance Claire.
If they are found guilty the names will be published. If they are innocent why should they be published?

Anthony Falzon

Feb 27th, 17:00

Adrian we are talking about the death of a two year old who's life could have been saved, so yes this is about vengeance too.......vengeance is mine.

Adrian P. Cassar

Feb 27th, 16:23

C Camilleri,
In Malta we have life expectancy at par with much richer nations. We also have one of the world's lowest infant mortality...despite not having abortion (as many very sick fetuses are aborted elsewhere and would decrease infant mortality)
This low mortality is thanks to the same paediatricians taken to court, and not due to holy water or the air we breath!!

J Farrugia

Feb 27th, 15:38

''They oughta be allowed to make a mistake here and there.'' i hope to god that no one in your family happens to be the here and there when they make that mistake. What a stupid comment.
No they cannot make a mistake, just like a pilot cannot or a general in the military.
Having the Word Dr is not just for looking all hot shot and big, there's a serious consequence if you mess up.

Victor Rodenas

Feb 27th, 15:42

If she was your daughter you will unleash hell on earth.

Peter Bonello

Feb 27th, 15:47

I must disagree! If a doctor admits the patient looks "extremely miserable" then they should seek immediate attention maybe ask for multiple opinions from colleagues. This girl died without being given a chance to fight! I must say, SOME (not all) professors are very arrogant and only give you attention if you visit them privately!!! rip young girl, deepest sympathies to her parents!

Adrian P. Cassar

Feb 27th, 16:28

@J Farrugia. You have a very false impression that doctors are gods, magicians or psychics.
A doctor does not have supernatural powers to make a diagnosis but must rely on the history, the examinations and tests. Some things are easy and obvious, and sometimes we come up with the wrong diagnosis. 7 separate doctors in this case.

If you expect perfection please give up on doctors, see a priest!!!

Adrian P. Cassar

Feb 27th, 16:31

Victor Rodenas,
Unleashing hell on earth does NOT mean that someone HAS to be responsible.
I know many many doctors whose parents, siblings or children died because they did not diagnose something serious. If it happens with our very own loved ones it can happen with all our patients!!

Anthony Falzon

Feb 27th, 17:02

"A mistake here and there..." by all seven doctors???

M Cassar

Feb 27th, 17:36

@ Adrian P Cassar
''I know many many doctors whose parents, siblings or children died because they did not diagnose something serious.''

If you do know doctors who are treating their own family then you are staying silent when you are seeing doctors behave unethically because as you know a doctor should not treat family members, see why in
N Engl J Med 1991; 325:1290-1294

GL Calleja

Feb 27th, 15:51

Mr Limongello there is a time and a place for everything and this is not the time or the place. Really how many of us know all that much about medicine? These people save many lives and someday that life they save might be yours. Be careful of what you wish for. Let the court decide who is guilty or not guilty but publishing the names right now can be very harmful to the innocent doctors.

GL Calleja

Feb 27th, 15:32

Mr Attard, I hate to be rude but next time you happen to feel seriously ill or get into a serious accident. call an auto mechanic. Let the court decide who is to blame because once the names of these doctors are out, guilty or not, you cannot reverse the damage done. Be very, very careful of what you wish for.

charles fenech

Feb 27th, 16:55

Automechanic is responsible for your car. A doctor is responsible for a human being. They both face music if something wrong happens during their responsibilities. EVERYONE needs to understand that the music you face is dependent on your responsibility. In this case, its a human being - Therefore if need be imprisonment. If you're a doctor and you are scarred about your responsibility, RESIGN.

Paul Zammit

Feb 27th, 15:23

as if we had plenty of them to spare... we should be thankful any of them is still working in Malta where they are extremely underpaid compared to anywhere else in europe... quick n cheap to talk ... too quick I'd say.

Joseph Borg

Feb 27th, 15:29

Why it is wrong. Give reasons please. Are they more privilaged then you and me in the eyes of justice?

GL Calleja

Feb 27th, 15:38

In this case no names should be publicized until the court hears all the evidence because once a name is out guilty or not you cannot repair the damage and that doctor guilty or not might not be able to practice medicine for the rest of his or her life, well at least not here in Malta.Watch what you wish for and I do grief with the family for the loss of their little angel. Watch what you wish for

Adrian P. Cassar

Feb 27th, 16:34

Paul, this is EXACTLY what happens if someone is found to be criminally negligent.
In fact the medical council also sometimes suspends doctors who have been negligent or unethical even if they are never take to court. A year or two ago a foreign neurosurgeon was suspended after she didn't turn up for an operation. Nobody died, nobody was taken to court, but she was suspended!

Joseph Borg

Feb 27th, 15:18

have you ever made a mistake while you were working? Unfortunately when a doctor makes a mistake the life of the patient is put in danger. However, it does not mean that the doctor was careless, it could have been a genuine mistake.

charles fenech

Feb 27th, 16:50

Joseph Borg, Nisfidak tghid l-istess sentenza li kieku kienet it-tifla tieghek! (allahares qatt taghddi minna!!)

Joseph Borg

Feb 27th, 15:19

so much for presumed innocent until proven guilty!

twanny borg

Feb 27th, 14:50

Sorry joseph ma naqbilx qabel ma jinstabu hatja.

Joseph Borg

Feb 27th, 15:34

@ twanny borg

Imma ma haddiehor ma timxiex hekk il qorti. Akkuzati ohrajn jissemmew isimhom qabel ma jinstabu hatja. Hadd mhu suppost priviligjat quddiem ghajnejn il gustizzja.

Maria Brincat

Feb 27th, 16:01

Sorry Joseph, imma qabel ma jinstabu hatja ...mhux li ghamlu zball (zball jaghmlu kulhadd, u kulhadd uman, avolja iva, f'dan il kas il konsegwenzi kienu koroh hafna)...qabel ma jinstabu hatja ta negligenza m'ghandux jixxandar isimhom...
Ikun Hawn kriminali kbar f'kasi ta abbuz fuq it-tfal, per ezempju, u isimhom ma jixxandarx lanqas wara li jistabu hatja....

twanny borg

Feb 28th, 07:38

@joseph borg - naqbel malli ghidtli veru l-qorti mhux ma' kullhadd xorta. pero 7 tobba li huma vicin in-nies xorta jibqgha jkollu effett hazin darba jinstabu innocenti. naqbel li ghandha tidhol ligi li ma jixxandrux ismijiet qabel nies jinstabu hatja.

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