Hospital waiting lists

Commenting recently on medical audit, Prof. Joseph Muscat quite rightly highlighted the public service hospital waiting lists (e.g., up to four years in one surgical department section) as detailed in Parliament. Since then we've heard how a British lady has won a European Court case recommending that the British NHS refunds her the money she paid to have an operation done overseas because of undue hospital waiting times in Britain. The European Court further recommended that a British court ruling should ideally back up the European one before the lady in particular makes her claim for reimbursement from the British NHS.

I wonder whether Maltese EU citizens waiting unduly for public hospital services could get a Maltese court to rule in favour of them getting these services privately and to then claim reimbursement from our Health Ministry?