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Couple claim consultant withheld treatment

A medical consultant at Mater Dei Hospital refused to treat a patient after he was told she used to visit a Chinese masseuse, according to a judicial protest.

Anna Maria Dougall, accompanied by her husband Joseph, went to Mater Dei Hospital to seek relief from pain she suffered after her arm was removed from plaster on June 16.

The couple said they had called at the Orthopaedic Outpatients Clinic and the doctor on duty removed the plaster applied three weeks earlier and decided that it would be better if her arm were seen by consultant Massimo Abela.

When Dr Abela showed up, Mrs Dougall said she was still in pain and occasionally sought treatment from a Chinese masseuse in an effort to ease it. The Dougalls claimed that, on hearing this, Dr Abela stopped treating Mrs Dougall and told her not to return to hospital. He also told her it was up to her to get used to the pain.

The couple said Mrs Dougall had every right to use the free medical services at Mater Dei and Dr Abela had no right to deny her his services just because he disagreed with alternative medicine.

While Dr Abela had a right to express his opinion and give advice, he had no right to be arrogant, more so when a patient was seeking assistance because of a pain she was feeling, the Dougalls said.

Lawyer Rachel Bonello signed the protest.

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Comments

ROBERT SCHEMBRI (on 6/7/09)
It was a surprise to read this article. I know personally Mr.Abela as an excellent surgeon always willing to ease patients problems. He treats patient holistically and without forgetting that sense of humour.
My family and I are there to back and support.
Keep up your good work
Sarah Bonello Miles (on 5/7/09)
The question is 'has the Consultant been in breach of duty of care to take reasonable care with regard to his patient?' And even if this is so, can the patient prove any loss that the court will take cognisance of?

A doctor is legally bound to do his best in treating a patient. If a consultant, who is high up in the medical hierarchy feels that he has done his very best and nothing further can be done to alleviate the pain, or for valid legitimate reasons he feels that the patient should not be under his further care, then he should communicate this with the patient well either verbally or in writing.

The patient has the right to seek free alternative specialist advice whether in the same hospital if available or elsewhere. It is certainly difficult to ascertain what has happened from this report. There seems to have been a serious communication problem and hurted feelings due to this.

It is a sad if a normal complaints procedure was not followed and the claimant jumped into litigation straight away. Court proceedings are costly and can cause a lot of unwaranted distress.
Noel Enriquez (on 5/7/09)
Here it's only one side of the story,.... I would prefer to wait to see what the other party has to say before commenting! however I find this story quite exaggerated.
Deo Catania (on 5/7/09)
Dr Abela has no right to refuse giving treatment, if that is what happened. He is paid from out taxes and so he is bound to give treatment, he has no option to refuse.
Dr Etienne Grech (on 4/7/09)
The patient in question was not following the treatment plan but decided to take an alternative medical treatment which could have made things worse. Seeing this massimo must have got plenty upset. However my main point is this... if drs file judicial protests in court whenever patients are arrogant towards them then we will need to build 3 courts the size of the one in valletta to suffice!
Mary Grace Mifsud (on 4/7/09)
I agree with Mr Attard and Mrs Callejja. Mr Abela is an EXCELLENT orthopaedic surgeon in Malta. I was very disappointed hearing such news about Mr Abela, I am sure he is not that type. I think his time is precious and every minute counts for other clients. I had several family members and friends under his care. He ALWAYS explained treatment, possible complications and other alternatives. He is always there for the patients. I thank him for his good work. THANK YOU Mr Abela
cecil herbert jones (on 4/7/09)
I have yet to meet one physician or doctor who has managed to please everyone. After all it is not their duty to please anyone but rather to treat everyone. The case of Mrs Dougall has to be viewed on its own merits. Chinese medicine is not an alien form of medicine, so much so there is an acupuncture clinic administered by qualified Chinese doctors at Mater Dei itself.

Nonetheless I do feel I should utter my observation to the fact that up to not long ago a doctor used to take the initiative to follow up on a patient by usually placing a call to the family residence the day or so after his/her visiting the patient. That caring custom has completely disappeared today and has been replaced by front-office desk procedures instead, Modern medicine has replaced good not-so-old fashioned courtesy. But one thing hasn't changed, alas in Malta its either black or white, from one extreme to another.
John Sultana (on 4/7/09)
No medical doctor has the prerogative to refuse treating a patient or turn him away even from a hospital especially if this is a state one.
Alfred Bugeja (on 4/7/09)
@ Fredrick Attard

Doctors have every right to stop treating a patient if they feel that their advice is not being followed. They are, however, also obliged to suggest and find another doctor who can continue treating their patient.
Phyllis Calleja (on 4/7/09)
After reading this article I felt really surprised and could not believe so I would like to say a few words about Mr Abela. My son had a very bad pain in his neck .After taking my son to 3 consultants.I decided to take him to Mr Abela & he promtly told me what was wrong with my son.Thank God now my son who is 30 years old knows what is wrong with his neck & not just stress!So me & my husband go to him for our pains & aches & he is always there welcoming us & makes us feel comfortable. To us he is one of the best orthopeadic consultant in Malta.I thank him on behalf of my family & myself
Frederick Attard (on 4/7/09)
Whilst i understand that Mrs Dougall had every right to seek alternative medicine, one also has to understand the Consultant's view.

When a Consultant is prescribing a medicine or clinical treatment, from his perspective he is doing so with a view of a course of treatment that leads to recovery.

If the patient decides to interfere this treatment by seeking alternative medicine, than it is only fair that the Consultant has a right to refuse further treatment if he deems that alternative medicine is conflicting with his clinical treatment and if in his view may lead to deterioration in the patient's condition.


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