Doctor awarded €2,500 following two-decade court case

A constitutional court awarded obstetrician Tancred Busuttil €2,500 in compensation after a civil case against him took over 20 years to be decided.

In 1987, John and Mary Margaret Cachia claimed their son, born in 1985, was disabled due to the doctor's professional negligence. The couple sued Busuttil and Lucia Micallef Hawkers for damages. They claimed a caesarian section would have saved their son.

After 24 years, the First Hall of the Civil Court acquitted the two doctors last November.

Busuttil filed a constitutional application against the Attorney General claiming his right to a fair hearing had been violated by the long delays in the proceedings. 

Justice Mark Chetcuti said the case had to be looked at in its entirety in order to decide if the delay was uncalled for.

Civil proceedings against the doctors were filed two years after the boy was born. However, a Medical Council inquiry had exonerated both doctors of any responsibility.

All evidence had been presented in court between 1987 and 1992 and the case was put off for an additional report by court experts.

The Cachias asked the court to allow them to produce more evidence. For two years, the case was regularly put off until the court agreed to hear the additional evidence in 1994. By this time, the presiding judge had been changed four times.

In 1994 and 1995 there were no court hearings over this case. In 2001, 14 years after the first hearing, the report by the court experts was tabled. The couple demanded further expert reports.

In his application, Dr Busuttil claimed the never-ending case placed a financial burden on his family. The doctor's health also suffered due to constant stress and worry as his reputation was at stake. However, the obstetrician continued to practice until he retired aged 75.

Justice Chetcuti lashed out at the previous court for not demanding justification for the court experts' delays. He stated the court should have enforced more discipline and the delays were unaccounted for.

In conclusion, the judge decreed that these delays breached the obstetrician's right to a fair and expedite trial and awarded him €2,500 in compensation.