PHILIPSBURG, Sint Maarten (OM) – The Prosecutor’s Office Sint Maarten has completed its criminal investigation into the death of L.T., a man who passed away while in a holding cell. The criminal investigation was comprehensive and thorough, particularly with regard to the role of the Mental Health Foundation and the actions of the medical professionals responsible for L.T. care.
The inquiry examined the protocols of the Mental Health Foundation and the conduct of those directly involved in L.T.’s treatment. An independent expert in psychiatry and medical procedures, engaged to provide an impartial assessment, concluded that while there were irregularities in the care provided, these were not directly responsible for the tragic outcome.
In legal terms, pursuing charges such as death by negligence requires clear evidence of a direct causal link between the actions of medical professionals and the death. This investigation did not establish that link. As a result, the criminal case against the psychiatrist and the nurse in charge has been dismissed.
It is important to note that this decision does not dismiss concerns regarding the conduct of the psychiatrist in charge. Deviations from professional protocols were identified. However, the review of these deviations falls under the purview of the committee responsible for evaluating the conduct of medical professionals. They can determine if the psychiatrist’s actions warrant disciplinary action, which is a separate matter from the legal standard of criminal negligence.
The family of L.M. has been informed of the decision and has the right to pursue further action if they choose, including filing a complaint regarding the professional conduct of the medical staff or challenging the dismissal of the criminal case.
OM SXM extends once again sympathies to L.T’s family during this difficult time. The delay in reaching a conclusion was due to the complexity of securing the necessary expertise and ensuring that the review was conducted in accordance with both local and international standards.
