A private hospital has been ordered to pay over €79,700 in damages to a woman who contracted an eye infection that impacted her vision after undergoing laser eye surgery.

Judge Toni Abela ordered Da Vinci Health Care Ltd to pay Kathleen Mifsud for the damages she suffered after he found that the cornea infection she contracted was the result of medical tools or contaminated water, due to the lack of proper sterilisation.

The judge, who presided over the First Hall of the Civil Court, cleared ophthalmologist Pietro Zola of his responsibility after noting he had acted professionally.

Mifsud had filed the civil case against Da Vinci Health Care and Zola. She noted she had seen an advert on social media, advertising Lasik eye surgery as a safe procedure. Lasik eye surgery is a commonly performed laser refractive surgery to correct vision problems.

Micallef eventually underwent the surgery, performed by Zola, on July 12, 2017. That day, he carried out other such operations that were all successful. But Mifsud’s was not.

The day after surgery she called the hospital because her left eye was still shut. A secretary told her to continue applying drops.

She did as told and the following day called back to say there had been no progress. The secretary told her to apply antibiotics. But things did not improve.

A week after the operation she went for a follow-up meeting with Zola who carried out a second operation and placed a patch on her eye.

Meanwhile, she went for a second opinion and ophthalmologist Franco Mercieca diagnosed her with left microbial keratitis. She contracted an infection in her cornea.

Mercieca said this sort of bacteria could be found in tap water. He said the laser surgery she underwent was common and usually plain sailing.

The judge noted that Zola worked at the hospital on a freelance basis. The hospital provided the space and the sterilisation of the equipment. Evidence showed that Zola had acted professionally and even offered post-op care, which Mifsud refused as she lost trust in the hospital.

The judge criticised the fact that the secretary who took Mifsud’s call gave advice over the phone during such a sensitive situation when time was of the essence.  She should have immediately referred Mifsud to the doctor.

“It is clear that the situation that afflicted Mifsud took place in the operating theatre where she was operated and, once this did not happen due to any shortcomings by Zola, it happened due to something else. The court believes that the cause was some medical tool or contaminated water due to the lack of proper sterilisation,” the judge said.

He noted that she suffered a 16% vision loss and awarded her €79,727  in damages.

Lawyers Stephanie Abela and Vince Micallef represented Zola.