An action for damages that was filed against ophthalmologist Ivan Vella was dismissed after a court ruled that the doctor had acted correctly when administering Excimer Laser Treatment to a patient.

A writ of summons filed against Dr Vella and Dr Josie Muscat on behalf of Summit Eye Laser Clinic and St James Health Centre was filed by Joseph Micallef.

He alleged professional negligence on the part of defendants.  Mr Micallef had undergone Excimer laser treatment at St James Health Centre, Zabbar in December 1994.  The treatment which, at the time, was new to Malta, had been carried out to correct near-sightedness in Mr Micallef's right eye.

Mr Micallef claimed that he had suffered a serious deterioration in vision in his right eye as a result of the treatment.

He also claimed that Dr Vella had not informed him about the risks of the treatment and that he had, therefore, not been in a position to give informed consent.

Mr Micallef added that Dr Muscat, on behalf of the Health Centre, was also responsible for he had been given a consent form to complete while he was taking medication.  Furthermore, according to Mr Micallef, the equipment used in the treatment was not approved by the health authorities.

Mr Justice Mark Chetcuti exonerated Dr Muscat from all responsibility on the basis that St James Hospital was owned by a company and that yet another company owned Summit Eye Laser Clinic.

The court found that there was no legal connection between Dr Muscat and St James Health Centre with the Eye Clinic, and that Mr Micallef ought not to have filed his writ against Dr Muscat.

The court added that the medical expert appointed to examine the procedures used by Dr Vella in this case had concluded that Dr Vella was not responsible towards Mr Micallef in damages.

The court heard evidence to the effect that the equipment used was certified for use in Europe and that it was suitable for its purpose.

The court found that Mr Micallef had suffered from two known side effects of the laser treatment and that these were not caused by any negligence on the part of Dr Vella.