Judiciary urged to investigate chemo deaths claim
The judiciary has been urged to use its own initiative to conduct an inquiry into the claim by Stephen Brincat, the former head of the Oncology Department, that two cancer patients died from chemotherapy toxicity in Gozo more than 15 years ago.
Writing in The Times today, the Opposition spokesman for justice, Jose' Herrera said that what is being contended could constitute the elements of a crime.
Dr Herrera said it was disturbing to witness how the judiciary’s role of scrutinising abuse in the public sector has been brought to nothing.
All this ran counter to the spirit of the law.
Article 546 of the Criminal Code obliges the courts to hold inquiries upon the receipt of any report, information or complaint in regard to any offence liable to a punishment of imprisonment exceeding three years.
"It is of the utmost importance that investigations are carried out by the judiciary. It is not in the spirit of the law for a minister to appoint his own confidant to investigate allegations levelled against him or his ministry. More often than not, a retired member of the judiciary would carry out such investigation and would, as experience has shown, exonerate the government," he said.
He recalled that, shockingly, a few years ago the government was actually intent on restricting the powers of inquiring magistrates. The Minister of Justice had proposed amendments aimed at changing the law to make it mandatory for a magistrate to seek prior permission from the Chief Justice before holding an inquiry.
This was proposed in the aftermath of certain judicial inquiries which had embarrassed the government.
The proposed amendment was eventually withdrawn.
See opinion piece in full at http://www.timesofmalta.com/articles/view/20120906/opinion/The-misuse-of-judicial-inquiries.435795
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Anthony Azzopardi
Sep 6th 2012, 23:32
@ Pat Hobson 2012-15 = 1997. Dr Alfred Sant was in office between 1996 and 1998.
Maria Vassallo
Sep 6th 2012, 15:56
The judiciary has been urged to use its own initiative to conduct an inquiry into the claim by Stephen Brincat, the former head of the Oncology Department, that two cancer patients died from chemotherapy toxicity in Gozo more than 15 years ago.
Not only the judiciary but also the police!
Henry S Pace
Sep 6th 2012, 15:36
The period referred my be during the the short period under the PL Administration under the leadership of Dr Alfred Sant.
E. Azzopardi
Sep 6th 2012, 14:58
I am sure all will be fine when the PL will be in office. But then hope is eternal.
Ms.D. Galea
Sep 6th 2012, 14:49
It is a shame that cases like the alleged chemotherapy-related deaths of fifteen years ago, end up used to score political points on opponents and little else.
Leo Said
Sep 6th 2012, 13:30
Dr. Herrera,
You quote Article 546 of the Criminal Code.
Please allow me to counter by referring your good self to following:
https://ehealth.gov.mt/healthportal/others/regulatory_councils/medical_council/medical_council.aspx
Mission Statement:
The Medical Council strives at safeguarding patients’ rights and safety... by protecting, promoting and
maintaining the health of the general public... by ensuring proper standards in the practice of Medicine...
as well as by safeguarding the values and integrity of the Medical and Dental professions ....
I have sent an email to the Medical Council of Malta asking why the Medical Council is so silent on this issue. This morning, I have received an email from the registrar of the Medical Council telling me only that the Medical Council "acknowledges receipt" of my query.
Dr. Herrera, I have practised my profession in a country (Germany) where complaints of medical malpractice are primarily directed to the Medical Council (Ärztekammer) of the respective "Bundesland". In some cases, patients and their lawyers resort immediately to civil courts of justice. Issues, whose nature is rumour, insinuation or allegation are investigated by the respective Attorney General's office (Staatsanwaltschaft).
I am quite surprised that one is calling for an immediate inquiry, perhaps also an inquistion, by / through the judiciary. Why does no one consider roping in the Medical Counsel of Malta and / or the A.G. office?
I wonder whether one would find respective "official" clinical records after 15 years. Hence, what could the result of ANY inquiry / inquistion be?
It is most deplorable that this issue is being used as political capital !
G. Abela
Sep 6th 2012, 12:48
to all you PN apologetic bloggers why not just remove the blindfold for a minute and think. What if anyone of the dead patients was your mother or father or god forbid a child, would you still react in the same manner?
A crime was committed here and we are trying to swipe it under the carpet as if nothing happened, only god forbid it was the PL cause even some forgotten political dinosaur will open his mouth!
When are we going to realise that we have incompetent people running this poor old island with there only qualification being that of a friend of a friend of a minister!!!
J Martinelli
Sep 6th 2012, 14:19
Dr Herrera came up with a very good idea, but he should have gone one wee bit further. Since the alleged deaths happened fifteen years ago and only revealed a few days ago, why not suggest an inquiry going a bit farther back in order to find out how many (dozens or more) deaths occurred at St Luke's during the seven year lockout of doctors, due to misdiagnoses by foreign doctors who could not communicate with Maltese patients because they did not speak or understand good English, let alone Maltese?
How many patients with chest pains and admitted in the morning and sent home due to lack of doctors and staff, were dead by the afternoon?
If Dr Brincat and Dr Herrera want to have an investigation, well then, do it right. What attention two deaths deserve, then dozens more deserve much more.
Today such occurrences can be reported openly even if fifteen years late, but when Maltese doctors were dispatched overseas and their places filled by scabs, the mere mention of any malpractice would have probably caused another unnecessary death.
Mr Andrew Camilleri
Sep 6th 2012, 16:04
Martinelli: although you put them in the form of questions you are making some serious allegations. If you have doubts on these deaths, please be a gentleman and make a report to the police. If not, please then just shut up and stop sowing doubts.
J Cauchi
Sep 6th 2012, 11:57
I fully concur with all those who argue that an independent investigation should be carried out immediately. But it doesn't make any sense for the Minister Joe Cassar, who is under fire, for him to appoint the members of the investigation board. This is against the law. One cannot select the judges to investigate him. And while I am writing on this matter, I should also insist, once again, that Minister Cassar should appoint also an independent board of investigation to inquire on how appointments in the mecial profession were made, not only those appointed recently, but also those who were appointed during the last few years. We will wait and see how transparency works these days.in this so called democratic country. A word to the present government; The proof of the pudding is in the eating'.
Leo Said
Sep 6th 2012, 11:47
Dr. Herrera,
You quote Article 546 of the Criminal Code.
Please allow me to counter by referring your good self to following:
https://ehealth.gov.mt/healthportal/others/regulatory_councils/medical_council/medical_council.aspx
Mission Statement:
The Medical Council strives at safeguarding patients’ rights and safety... by protecting, promoting and maintaining the health of the general public... by ensuring proper standards in the practice of Medicine... as well as by safeguarding the values and integrity of the Medical and Dental professions ....
I have sent an email to the Medical Council of Malta asking why the Medical Council is so silent on this issue. This morning, I have received an email from the registrar of the Medical Council telling me only that the Medical Council "acknowledges receipt" of my query.
Dr. Herrera, I have practised my profession in a country (Germany) where complaints of medical malpractice are primarily directed to the Medical Council (Ärztekammer) of the respective "Bundesland". In some cases, patients and their lawyers resort immediately to civil courts of justice. Issues, whose nature is rumour, insinuation or allegation are investigated by the respective Attorney General's office (Staatsanwaltschaft).
I am quite surprised that one is calling for an immediate inquiry, perhaps also an inquistion, by / through the judiciary. Why does no one consider roping in the Medical Counsel of Malta and / or the A.G. office?
I wonder whether one would find respective "official" clinical records after 15 years. Hence, what could the result of ANY inquiry / inquistion be?
It is most deplorable that this issue is being used as political capital !
Josephine Borg
Sep 6th 2012, 11:43
Dr Jose' Herrera is presumably quite right in asking for the Judiciary to investigate. However I find it strange that he is so shocked that "a few years ago the government was actually intent on restricting the powers of inquiring magistrates" and that he is "disturbed to witness how the judiciary’s role of scrutinising abuse in the public sector has been brought to nothing"
Or it could be that his white hairs brought wisdom along.
He must surely remember that in the time of the late lamented Dom Mintoff there was a fairly popular game played with the Judiciary. This was called Musical Chairs. I do not recall his being disturbed or shocked at all at the time. As an aside, the judges played along. They are now being rewarded with an uncapped pension - something we lesser mortals will pay for but are not entitled to.
However to go back to Dr Herrera. Suppose that instead of 15 years it turns out to be 20 or thereabouts - when the Labour Government ruled? Would he do an Adrian Vassallo and retract?
Pat Hobson
Sep 6th 2012, 12:47
@Josephine Borg. You need to revise your maths. 20 years ago makes it 1992 right in a PN administration! And as it was said that the cases happened over 15 years ago, it makes smack in the Nationalist Administration under the leadership of EFA and Minister Deguara!
joe vella
Sep 6th 2012, 11:39
dr herrera, your party suspended the constitutional court, and even the constitution, besides not batting an eyelid when courts were ransacked
you are really an opportunist-shame on you, you are a disgrace to your party
joe farrugia
Sep 6th 2012, 11:36
can anyone tell us what was the year when this unfortunate episode has happened .
Joseph Grech Attard
Sep 6th 2012, 11:10
Transparency in all sectors of the public offices is lacking. What disturbs a number of people is that certain citizens do not mind and point fingers at anyone who tries to bring transparency to the foreground. This is what corruption is all about! It is not political opportunism.
Marianne Grech
Sep 6th 2012, 10:54
In true Partit Laburista style: political opportunism at its very best.
Pat Hobson
Sep 6th 2012, 11:38
@Marianne Grech. Have you forgotten that Dr. Franco Debono already stated and asked the Police Commissioner to investigate? Please take off you blue blinkers for once!
Joseph Cauchi Senior
Sep 6th 2012, 10:24
I find a call for investigation for this matter, quite justified.
What I find strange in all this, is why has the claimant waited for 15 years to spill out the beans?
JC.
Leo Said
Sep 6th 2012, 13:35
@ Joseph Cauchi Senior
Some days ago, I remarked elsewhere, to a prolific poster on all issues, as follows:
A "Judge, agreed on by both government and opposition", should preferably have neither family nor social contacts to the medical sector in Malta. How many "INDEPENDENT" judges in Malta would qualify for the "INQUIRY", which you suggest?
My question might also interest Dr. Jose Herrera.
M Borg
Sep 6th 2012, 10:20
This is disgraceful we all know that many die because of cancer. Why open closed wounds ?
W. Grech
Sep 6th 2012, 11:32
...and many others survive ....What do you expect ? if someone committed murder 15 years ago wouldn't you want justice???
Paul Bajada
Sep 6th 2012, 10:18
That could constitute to manslaughter! Irrespective when it happened, whether last year or 10 years ago those responsible must be held to task!
Anthony Pace
Sep 6th 2012, 10:09
This happened over 15 years ago and is time-expired by law. It is not a crime but due to lack of training or supervision in the appropriate dosage of chemotherapy.
The persons responsible may be retired or even dead by now and it is disgraceful to open up old memories to the relatives of the beloved ones who succumed to the ravages of cancer or chemotherapy.
Dr Brincat is just highlighting an issue which must have irked him for the last two decades and brought to the surgface again by the goverment's wish to institute a servie for oncology without proper consultation of the professionals.
Please choose the reason of your report below: