Twenty-eight cases – one dating back to 2013 – are pending in front of the Ombudsman’s health commissioner because of lack of feedback from the Health Department.

Commissioner for Health Charles Messina had complained back in 2014 that he was finding it hard to get replies from the Department of Health.

In his annual report he had insisted that he was expecting quicker answers and feedback, but the trend persisted throughout 2015.

The commissioner reiterated that justice delayed was justice denied: “Consequently, cases are taking longer to be investigated and complainants, who most of them are patients, are being denied their rights.”

In fact, at the end of the year, 36 cases were still pending mainly due to a lack of reply from the Health Department – an increase of 157 per cent over the previous year.

Asked for an update, the office said that 15 cases have meanwhile been closed, but the remaining 21 were still pending a reply.

There were also six cases pending from 2014, and one pending a reply from 2013.

Feedback from the Health Department is also pending about recommendations that the commissioner sent following his own investigations into issues such as infants and adults with hearing problems. Among others, the commissioner specifically recommended that all newborns should be screened, so that those with hearing impairments would be diagnosed at the earliest possible stage.

The commissioner also recommended the employment of interpreters especially in educational institutions and hospitals.

He had insisted that he was expecting quicker answers and feedback, but the trend persisted

However, no feedback was received about the commissioner’s recommendations on this issue, and two other investigations: waiting lists at the Child Development Assessment Unit and Child Guidance Clinic and orthopaedic trauma operations.

Meanwhile, when it comes to complaints by the public, issues related to free medicine topped the list for the fourth consecutive year.

The commissioner had raised this issue with the authorities on several occasions throughout 2015 and in August he even sent a report to the Prime Minister about entitlement to the free supply of medicines under the Social Security Act.

The cases related to free medicine included treatment called Capecitabine (Xeloda), which patients are entitled to free of charge if they suffer from locally advanced or metastatic colon cancer.

In a letter to the Chief Medical Officer, the commissioner noted that although this medicine was also highly indicated for patients suffering from breast cancer among others, it was only being given to colon cancer patients.

He lamented that his office has reiterated that protocols have to be based on purely medical indications, and he could not understand why this drug was not available to all indicated patients.

Another two cases concerned Type Two diabetic patients who were prescribed Glargine Insulin by their consultant diabetologist. The department’s policy is to give this kind of insulin only to Type One patients, so the patients (and others in a similar condition) were denied the treatment.

A third case concerned patients who needed to have their blood sugar levels tested at least four times a day on instructions from their consultant diabetologist, but again, the department’s policy is to provide four testing strips daily only to patients up to the age of 18. The commissioner argued that imposing an age limit was discriminatory.

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