The Medical Council (1)

I refer to the article "Can patients trust the Medical Council" (The Sunday Times, October 9). One should note that the Medical Association of Malta is distinct from the Medical Council, which is the regulatory body of the medical profession set up by law. The MAM council nonetheless feels that for the sake of fairness, certain points made by Mr Frank Muscat cannot go unanswered.

Mr Muscat (or an acquaintance of his) appears to have filed a complaint with the Medical Council on a medical practitioner, which which was duly investigated and examined by the council. It would also appear that the council ruled against this person.

For this reason Mr Muscat feels he is justified in smearing the judge presiding over the medical council, the esteemed members of the medical profession forming part of the council, as well as the lay persons sitting on it. He appears to be most disturbed that the lay member nominated by the government happens to be a priest.

The European Court of Human rights has already ruled on this matter, stating that elected members of the medical profession cannot be considered to be biased simply because they practise the same profession. However in Malta members of the MAM council are indeed prohibited from holding any position on the council. This is indeed a safeguard which not even UK law contemplates.

In the European Union there are only two medical councils which have lay representation, in Malta and the UK. This is a matter of ensuring transparency and giving a voice to patients. Furthermore the presence of a presiding judge is unique to Maltese law. Not only should this presence be a further guarantee of impartiality, but the legality of procedure can be ascertained.

Mr Muscat seems to be confusing the patient-doctor relationship with a plaintiff and complainant situation. Is he suggesting that lawyers start passing their notes to the lawyer on the other side? Indeed the proceedings of the Medical Council are exempt from the Data Protection Act.

Although MAM shares Mr Muscat's view that the council should set up an online register as soon as possible, there appears to be no need to change the institutional set-up of the council, which is one of the most progressive in Europe. Just because a person loses a case before the Medical Council does not change this fact.