An ophthalmologist has been cleared of negligence after a patient who received laser treatment claimed the procedure led to serious problems in his right eye.

After receiving the treatment at St James Health Centre, Żabbar, in December 1994, Joseph Micallef had filed for damages against ophthalmologist Ivan Vella and Josie Muscat on behalf of Summit Eye Laser Clinic and the centre.

The treatment which, at the time, was new to Malta was meant to correct short-sightedness in Mr Micallef’s right eye.

However, Mr Micallef claimed he suffered serious deterioration in his right eye afterwards, adding Dr Vella had not told him of the risks.

Mr Micallef said Dr Muscat was jointly responsible because he had been given a consent form to complete while he was taking medication. Furthermore, he argued, the equipment used was not approved by the health authorities.

Mr Justice Mark Chetcuti exonerated Dr Muscat from all responsibility on the basis that St James Hospital had separate owners to Summit Eye Laser Clinic.

The court concluded there was no legal connection between Dr Muscat and St James Health Centre with the eye clinic, and Mr Micallef ought not to have sued Dr Muscat.

The court noted the medical expert appointed to examine the procedures Dr Vella used found he could not be held responsible for damages towards Mr Micallef.

The court heard evidence that the equipment used was certified for use in Europe and was suitable for its purpose.Mr Justice Chetcuti concluded Mr Micallef had suffered from two known side effects of the treatment, which were not caused by negligence by Dr Vella.