A doctor who suffers from a physical disability has filed a constitutional case against the authorities claiming “inhuman and degrading” treatment.

Naged Megally filed an application against the health minister and Mater Dei Hospital six months after a judicial protest apparently not only failed to achieve its desired objective, but has allegedly resulted in further “victimization.”

In his protest in August, Dr Megally had made reference to an incident in July 2018 where, he said, he was subjected to the “humiliating” experience of being physically forced out of a room in full view of his patients.

That incident had sparked a complaint to the health minister who, in turn, ordered an internal inquiry. The inquiry board had dismissed the doctor’s complaint.

Following the alleged incident, Dr Megally claimed that he was threatened with dismissal unless he followed the CEO’s orders.

He said no copy of the inquiry report was handed to him and he expressed doubts about the independence and impartiality of the board.

Six months down the line, he said the authorities had persisted in their “abusive and illegal” attitude, even seeking to terminate his employment on the basis of his disability, which was not a valid reason at law.

In the light of such circumstances, he declared that he had been left with no option but to institute constitutional proceedings against the minister of health and Celia Falzon, CEO at Mater Dei Hospital.

Dr Megally requested the court to declare that their actions amounted to inhuman, degrading and discriminatory treatment and to lay down adequate directions and remedies. The court was also asked to award adequate compensation for the alleged breach of rights.

Lawyers Jonathan Thompson, Ryan Falzon and Andrew Grima signed the application.