A couple who had to endure the trauma of the death of their 16-month-old-son, have been denied compensation for their loss after a court ruled that their action against the Chief Medical Officer for alleged medical negligence was time-barred.

Ian Borg and Nicola Warrick alleged that their son's death had occurred owing to negligence by the medical staff at Mater Dei Hospital, who had decided that the sick child did not require emergency treatment.

Mr Justice Silvio Meli heard how the baby was rushed to hospital by the couple on Christmas Eve in 2008 and was treated for severe respiratory problems. The doctor who examined the baby prescribed ordinary treatment and instructed the parents to take their child back home.

However, some time later the baby was returned to hospital where he died, just two days after Christmas.

Since the medical authorities refused compensation for their loss, the parents took the case to court.

The court said it empathized with the applicants, who not only had to face the trauma of losing their son, but who were made to endure unnecessary suffering at the hands of the authorities.

The court observed that just when the bereaving parents needed support, they were treated with a lack of respect, being made to face a lengthy wait for the publication of their son's death certificate.

The court concluded that the couple ought to have abided by the time-limits laid down by law. Rather than wait for the issue of the death certificate they ought to have instituted their action within two years from the death of their son. The action had been filed in 2012, the court observed, thus rendering the claim time-barred.