A woman whose life was irreversibly ruined after contracting the MRSA infection when admitted to St Luke’s hospital for treatment has been awarded €70,000 in an action for damages over the case which dated back 12 years.

It was around February 2007 when the 48-year-old housewife had been admitted to the former state hospital suffering from vertigo, nausea and stomach pains. Her medical file showed that she had been admitted on previous occasions for a number of health problems.

On that occasion, fearing possible dehydration, the patient was referred to the emergency department by her doctor where, upon admission, she was placed on a drip and entrusted to the care of a surgeon for the following fortnight.

A dark bruise developed on her right forearm at the point where the needle punctured her skin, with a yellowish fluid accumulating at the spot.

Upon trying to get out of bed some two weeks later, the patient suddenly collapsed. Her legs simply gave way.

Following that episode, the woman spent four weeks in bed, unable to move and placed on antibiotics, after it was established that she had contracted the MRSA infection which had attacked her spine and had even affected her bladder.

That diagnosis spelt the start of an ordeal for the patient who, after spending three months in hospital, was subsequently transferred to the neuro-rehabilitation ward at Boffa Hospital pending her recovery.

However, the woman never regained her former health, ending up in a precarious paraplegic state, unable to walk without a walking frame and battling a series of gastrointestinal problems, which meant that she lost her former independent life-style.

In the course of civil proceedings for damages, instituted against the director general of health care, a medical expert appointed by the court confirmed that the illness had resulted in a 60% debility.

Although it was difficult to determine the precise incubation period of the MRSA bug, one could safely conclude that the patient had contracted the infection when in hospital, possibly on some earlier visit, as attested by her medical records.

The expert also pointed out that had the hospital authorities provided immediate surgery upon the early appearance of the symptoms, the patient would likely not have ended up a paraplegic for life.

The overcrowding at St Luke’s hospital, preceding the translocation to the new Mater Dei Hospital at the time of this particular case, possibly made things worse, the court observed.

The woman’s ailment meant that the hospital authorities had failed to honour their obligations under the “hospitalisation contract” entered into with each patient immediately upon admission for treatment, the court concluded.

In the light of all evidence put forward, the First Hall, Civil Court, presided over by Mr Justice Joseph R. Micallef, upheld the claim of the woman and her husband, awarding them €69,561.65 by way of damages payable by the Chief Government Medical Officer who was called into the suit.

In line with established court practice, since the woman had been a housewife, not gainfully occupied before contracting the disease, the court used the minimum wage as the yardstick for calculating damages.

It was observed that hospital authorities had a duty to provide an environment which would ensure the health and safety of its patients, also by affording facilities and conditions which would reasonably guard such patients against any harm or danger.

Lawyers David Camilleri and Joseph Gatt were counsel to the applicants.