No compensation for family of former parliamentary secretary who died on operating table

The family of former parliamentary secretary Joseph Cassar, better known as Peppino, has lost its compensation claim over his death during a procedure at Mater Dei Hospital almost 10 years ago, after a court found that the medical team had met accepted standards of care.

Judge Rachel Montebello dismissed the case brought by his widow, Mary, and children, Maria Louisa and Stephen, against the Chief Medical Officer and Mater Dei Hospital’s superintendent.

Cassar, a former Nationalist MP and retired magistrate, served as parliamentary secretary for housing between 1987 and 1992 and for human resources between 1992 and 1996.

He was 70 when he died on May 2, 2017, following a procedure to open a blocked artery supplying his left leg and insert a stent.

According to the Court, severe calcification prevented access through the left side. The radiologist instead approached through the right artery and restored blood flow. As Cassar was about to be transferred from the operating table, he collapsed. Resuscitation briefly revived him, but he subsequently died.

In her sworn account, his daughter Maria Louisa said the head of the medical team told the family the operation had been successful when they already knew her father was dead and were beside his body.

An autopsy revealed a tear measuring approximately two centimetres in the left femoral artery and extensive internal bleeding. The court accepted that blood loss was the principal cause of death, with pre-existing ischaemic heart disease also contributing.

The family argued that the medical team had failed to detect the tear and bleeding in time. They also criticised the radiologist’s departure from the procedure room and questioned the adequacy of cardiac investigations beforehand.

However, the court accepted evidence that Cassar’s vital signs were continuously monitored and remained stable throughout the intervention. A final angiogram showed no blood leakage.

Medical testimony explained that internal bleeding could initially develop without obvious changes in vital signs. The judge accepted that arterial injury was a recognised complication, Cassar had been informed of the risks, and resuscitation began promptly.

The court rejected the defendants’ argument that the claim was barred by a two-year time limit, finding that the patient–hospital relationship was contractual.

The defendants therefore had to demonstrate that proper care had been provided. The judge found they had discharged that burden and that the evidence did not establish negligence or a departure from accepted medical practice.

All the family’s claims were dismissed, with the claimants ordered to pay court costs jointly and severally.