Ian Baldacchino, a member of the medical council, has stepped down, citing his frustration with the council’s inability to carry out its investigative function.
The council is responsible for investigating reports of medical malpractice, among other things. But its work has stalled in recent years after a court judgment threw out its investigation into doctor and Nationalist MP Stephen Spiteri, saying the probing process was unfair.
This meant that scores of pending investigations into doctors and dentists accused of malpractice were quietly shelved until the impasse could be resolved. But Baldacchino says that little progress has been made, with the council’s proposals to address the issue falling on deaf ears.
He notes that although his resignation was also partly motivated by personal reasons, he grew frustrated at the situation, with seemingly no end in sight. “Why dedicate time to something that is stalled,” Baldacchino asked.
The family doctor tendered his resignation in January, over five years after first joining the 12-person council. His three-year term would have ended in late July.
Over 80 complaints, inquiries or investigations either ongoing or yet to begin
Baldacchino is believed to be the first medical council member to have stepped down before the end of his term in office.
Most members of the council are elected by other medical professionals (doctors or dentists), with others appointed by the University or the Prime Minister.
Pending complaints
Baldacchino warns that dozens of complaints filed against medical professionals could go unresolved because of the impasse, with cases being time-barred.
The council’s annual report for last year lists over 80 complaints, inquiries or investigations – some dating back to 2015 – that are either ongoing or have yet to begin. In many of the cases, the council notes that “in light of the Constitutional Court judgment, the Medical Council is unable to proceed further”.
A reply to a parliamentary question late last year lists 82 pending cases dating back to 2013, with a further eight that were received after the 2023 court case not being processed at all.
But even if the council somehow manages to overcome the legal impasse, it needs far greater resources to be effective, Baldacchino said. “The council carries out its work well but it can only work with what it has. The council needs a strategy and greater resources. The backlog of cases is too big,” he said.
Fair hearing
The council’s investigations were effectively frozen in 2023 after the constitutional court found that the council was acting as judge, jury and executioner in Spiteri’s case. He is being accused of issuing medical certificates for patients he had not examined.
The council’s investigation was thrown out, with the court saying that Spiteri’s right to a fair hearing was breached, despite the council having always operated in a similar manner throughout previous investigations.
The court’s decision effectively set a precedent, with the council reportedly unwilling to carry out any further investigations, fearing they would trigger other legal challenges.
But efforts to get the matter resolved through a legal amendment that would change the way the council operates have been unsuccessful to date, with parliament yet to discuss the issue.