A general practitioner has been cleared of charges of professional misconduct after a court ruled that his misdiagnosis was not the result of negligence.
Mr Justice Anthony Ellul said the patient’s ailment could not have been diagnosed properly without further tests, including lab tests.
The court heard how Stephen Micallef was examined by general practitioner Raymond Fenech on July 28, 2008, when he was suffering pain in his right hand.
Dr Fenech diagnosed Mr Micallef as suffering from bursitis, which is an inflammation of fluid around the joints. He administered an injection in the hand and another one a few days later, but Mr Micallef’s condition did not improve.
He was eventually examined at Mater Dei Hospital, where he was found to be suffering from necrotizing fasciitis, which is a rare and potentially fatal infection.
Mr Micallef filed a suit for damages against Dr Fenech, claiming he had acted negligently. For his part, Dr Fenech always insisted he had acted correctly and in a professional manner, and denied responsibility for any damage suffered by Mr Micallef.
The patient’s ailment could not have been diagnosed properly without further tests, including lab tests
Mr Justice Ellul, presiding over the First Hall of the Civil Court, pointed out that a mistake or a misdiagnosis made by a doctor was not necessarily the result of negligence.
It was only after Mr Micallef was admitted to hospital the following day and tests were carried out by the Department of Histopathology that it emerged that he was suffering from necrotizing fasciitis.
This condition, said the court, was extremely rare and was difficult to diagnose without laboratory tests. The condition is a serious infection which can lead to death. In fact, the surgeon who operated on Mr Micallef said the condition was only diagnosed after tests were conducted, and the specialists had not suspected it to be a cause of Mr Micallef’s illness until other serious options had been excluded.
The court added that none of the three consultants who had examined Mr Micallef in hospital had suspected necrotizing fasciitis until laboratory tests were completed.
It also emerged that it had been Dr Fenech who referred Mr Micallef to hospital when his condition did not improve.
Mr Justice Ellul concluded that Dr Fenech was not guilty of professional negligence and had acted in the manner expected of a GP. Mr Micallef’s claims were therefore dismissed.