Doctors exonerated from responsibility over woman’s death

Madam Justice Lorraine Schembri Orland denied compensation to the relatives of a woman who back in December 2000 had fallen to her death from a window at St Philip's Hospital.

Major Alfred Briffa, and other relatives of the late, Lilian Briffa, sued Good Shepherd Limited, operators of St. Philip's Hospital, for damages, alleging responsibility for the administration of two Stilnox pills, which disorientated the woman, leading her to take a stool, lean out of the window and fall to her death. The incident happened on the night of 4 October, 1999.

However the hospital operators said it was Briffa who asked to be given the medication for her to sleep. "Stilnox is a commonly administered drug, which didn't need any specific prescription at that time," the respondent's counsel said. Furthermore the window was opened on the specific request of the patient, when she wanted to smoke and she leaned forward in order not to trigger the fire alarm.

Judge Schembri Orland lashed out at the insensitivity shown by a number of witnesses who described the patient as a compulsive smoker. "No evidence has shown Briffa was a compulsive smoker, however neither was it proven that she had been administered two Stilnox pills," the court said.  However toxicology tests found traces of both nicotine and Stilnox in the patient's system.

The court held that the single pill of Stilnox had been prescribed by the doctor after he personally examined the patient and checked her treatment chart. "The patient was not administered drugs over the recommended dose," the court said.  The judge also praised the policy adopted at St Philip's where two nurses were requested to countersign medication was praised by the court.

The judge stated the hospital's window was built in a way which made it impossible for a patient to fall out of the room. "Considering the height of the patient, the incident would not have happened if Briffa did not go on the sill and lean out," the court said. Moreover the number of nurses assigned to the patients was

Madam Justice Lorraine Schembri Orland exonerated from any responsibility Good Shepherd Limited, Dr Mirabelle Camilleri and nurses Elizabeth Sarsero and Carmen Cannataci. "While hospitals are bound to provide for the treatment and safety of patients this can only be achieved when the patient's medical condition is known. In this case the nurses had no reason to reject Briffa's request to open the room's window, the dose of Stilnox administered was within the recommended limits and it was impossible for someone to fall out of the room without going on the window sill and leaning out," the court concluded.

Magistrate Jacquline Padovani Grima who led the inquiry into Briffa's death had ruled that there was no criminal responsibility against Dr Mireille Camilleri, midwife Carmen Cannataci and nurse Elisabeth Sarsero. While Dr Camilleri was the person to administer the medication, Cannataci and Sarsero were the people who ran to assist Briffa after the fall.