A magisterial inquiry into the death of the Mt Carmel patient who passed away from a chest infection following a positive test for Legionnaires' disease several weeks ago is underway, the police have told this newsroom.

This newsroom had asked the police whether an investigation into the death of the patient in question had been launched and at what stage it had reached.  The response by the police read as follows: “please note that a Magisterial Inquiry led by Dr C. Galea LLD has been appointed.”

They did not provide any information as to when the inquiry was launched, and questions have been sent regarding this.

On Thursday, PN MP Stephen Spiteri said the Opposition had called for a magisterial inquiry, adding that the investigation would have put light on the cause of the death, if any negligence had taken place and who was responsible. 

Last week, Health Minister Chris Fearne told this newsroom that the patient’s family had told him they did not wish for a magisterial inquiry to take place.

“After the Opposition expressed some doubts and said that there should be a request for a magisterial inquiry request, I had nothing against it. But I spoke with the patient's relatives and they did not wish for a magisterial inquiry to take place. I am seeking advice, even legal advice, to see whether we should move forward on the Opposition's wish or those of the patient's relatives, who do not want such a magisterial inquiry." 

The minister was unable to reveal any further information from the meeting with the family (including the reason given by the family) due to it having been a private meeting and not having their permission.

This newsroom had also asked Fearne whether, in his view, the Legionella case at Mount Carmel Hospital had been the result of negligence.

Replying in the negative, Fearne explained, "I have confidence in the investigation conducted by the Superintendence of Public Health, an extensive investigation to find the source of the Legionella. Recommendations were made and action was taken immediately. I also have confidence in the doctors at Mount Carmel, as well as those at Mater Dei Hospital where the patient eventually went."

He went on to say that he does not think there was any negligence as to how the patient was treated.

It is now confirmed, as per the police statement, that an inquiry has been launched. However if the inquiry was launched now, rather than weeks ago when the death occurred, then this will raise questions the effectiveness of this inquiry.

The World Health Organisation says that Legionnaires' disease is caused by exposure to a bacterium that is found in water and soil. It ranges in severity from a mild influenza-like illness to a serious and sometimes fatal form of pneumonia. Symptoms include fever, headache, lethargy, muscle pain, diarrhoea and sometimes coughing up blood. The disease can be treated with antibiotics.

“Most people exposed to the legionella bacterium do not get sick and the disease does not spread directly between humans. Most people who do get sick are aged over 50 years. People with weak immune systems, chronic illnesses, smokers and those with a history of heavy drinking are at highest risk.”

 As for recommendations made by the Superintendence of Public Health to treat and prevent further cases of Legionella at Mount Carmel Hospital, Minister Fearne had previously told this newsroom that the hyperchlorination and thermal shock treatment of the involved water systems is being done, and that the old water pipes in the area affected are being replaced and a new hot water system is being designed.  He had added that w ater samples are being regularly tested to ensure safety to staff and patients.

This was not the only case of Legionnaires to make headlines. It was announced on 15 November that the Environmental Health Department is investigating two separate cases of Legionnaire’s Disease. The statement had said that the two cases were registered in a private establishment and in a private home. The localities were not disclosed in the statement, which did not say whether people have been hospitalised