The heirs of a woman who died after she allegedly fell from a window at St Philip's Hospital in 1999 are insisting in court that she fell after having been given an overdose of a sleeping tablet, altering her behaviour.

The hospital is denying the claims, saying the woman fell from the window while leaning out from it to smoke.

The victim was Lilian Briffa, 75.

Lawyer Tonio Azzopardi, appearing for the heirs, told Madam Justice Lorraine Schembri Orland that Mrs Briffa was practically blind, as confirmed by the hospital records. She was a happy person and was not suffering from depression. She had been staying  in a third floor room in the hospital but no precautions had been taken even though the window sill was only 82cm above the floor and was slanted.

The patient was given a drug, Stilnox, to help her sleep, but the dose was excessive. When an overdose was given to a patient with respiratory problems such as this, it caused hallucinations. The lawyer pointed out that there was a stool under the window. If the purpose of the stool was to help the patient get onto her bed, it should have been bolted to the floor near the bed.

Lawyers for the hospital and for three staff members who were on duty on the day, said that the patient was a compulsive smoker. She climbed onto the stool and them onto the window sill to smoke, and then fell down.  There was no evidence that the patient suffered acute bronchitis or pneumonia. She was lucid and had been watching TV. She had asked for a sleeping pill but was not given an overdose.

They pointed out that when the body was found, a cigarette stub was in her hand. There were other cigarette stubs near by. She had been due to leave the hospital the day after this incident.

In reply, the heirs denied that any cigarette stubs were found near the body and the medical record showed that Mrs Briffa only smoked one to two cigarettes a day.

The case continues.