Articles

Medical Council president must resign - Frank Portelli

Dr Frank Portelli, the CEO of St Philips Hospital, is insisting that the president of the Medical Council must resign over the council’s decision to erase his name from the medical register unless he pays a fine, a decision which, he said, was null and void.

The decision was over a letter Dr Portelli wrote to Dr Louis Buhagiar in his capacity as hospital CEO on July 16, 2003 informing Dr Buhagiar he was being suspended from St Philips Hospital because of “repeated complaints we had received about the professional fees Dr Buhagiar was charging patients”.

Dr Portelli said that the letter suspending Dr Buhagiar from St Philips Hospital was not written in his personal capacity since no doctor could suspend another unless he occupied a position of authority, but in his capacity as a CEO of St Philips. So the Medical Council acted outside the powers ascribed to it by law.

“The President of the Council Dr Josella Farrugia signed the decision of the Medical Council condemning me to a punishment of a fine of €10,000, together with a conditional punishment that if this fine is not paid by October 1 my name will be erased from the medical register.

” The decision fining him, Dr Portelli said, stated that it was according to the Medical Council (Penalties) Regulations 2009 when the law quoted actually pertained to the Commissioners for Justice Petitions (Local Tribunals) (Amendment) Regulations, 2009. As it was a requisite of the law that the article of the law being breached had to be quoted when a judgement was delivered, the sentence in his regard was null and void, he said.

“I expect that the only honourable way out is for the president of the Medical Council to resign from the position which she holds having been appointed to this position in the first instance by the Prime Minister,” Dr Portelli said.

Press Released Issued by Dr Frank Portelli MD FRCS(Ed)

I refer to the Malta Medical Council’s decision published on 1^st July 2009 regarding a letter   I wrote to Dr Louis Buhagiar in my capacity as a CEO of St Philip’s Hospital, six years ago to be exact on 16^th July 2003.

In this letter I had informed Dr Buhagiar that he was being suspended from St Philips Hospital because of ‘repeated complaints we had received about the professional fees Dr Buhagiar was charging patients’.

Since this letter suspending Dr Buhagiar from St Philips Hospital was not written in my personal capacity but in my capacity as a CEO of St Philips Hospital - the Medical Council acted Ultra Vires in my regard - i.e. it acted outside the powers ascribed to it by law.

The Medical Council has no Legal Authority to decide on any action that a CEO of a private hospital undertakes

Consequently the Medical Council’s decision to impose a fine of 10,000 Euros upon me together with a declaration that if this fine is not paid by 1^st October 2009 my name will be erased from the medical register is null and void at law.

I am therefore asking the Medical Council to immediately withdraw its decision or face legal consequences.

With this press release I am giving notice that I am holding each individual member of the medical council legally liable for damages to my reputation.

If the Medical Council does not withdraw its decision by 8^th of July all available legal  action will be taken.

Meanwhile I stand by what I said in my letter that I have received repeated complaints about the professional fees that Dr Buhagiar was charging patients – these complaints made to me came from families of patients dying from terminable cancer as well as from patients who were charged 175 Euros for a sore throat infection together with  several other complaints .

The Medical Council should ensure that sick patients come before doctor’s interest – lest we fall victim to George Bernard’s Shaw infamous charge that the medical profession is a conspiracy against the laity.

Dr Frank Portelli MD FRCS (Ed) Fellow Royal Society of Medicine

EU Accredited Specialist in General Surgery

Director

St Philips Hospital

St Venera, SVR9018

Malta

Europe

Malta Medical Council Reg No 642

( Mobile Phone: 00356 99 676 000