The civil consequences of negligence in the medical profession : a comparative study and proposals for reform

Abstract

In Malta cases where members of the medical profession are sued for civil damages are few and far between. In fact Maltese law does not deal with this area as a specific civil wrong and the rare cases in which a doctor is sued for civil damages arising from negligence are treated under the general category of the law of tort. Thus, such cases are tried on the basis of tort, which may be simply defined as the law that creates remedies for civil negligence. This thesis sets about examining this position in Malta vis-a-vis that in other legislations, and determining the short comings of our system and providing suggestions for the implementation of more equitable system. The object of my thesis shall be that of establishing the legal system under which such claims are to be dealt with, the requirements of a successful claim and the civil remedies available to the injured party. This thesis rests on the supposition that the current position in Malta is not adequate to protect the interests of a patient who has suffered due to the negligence of a doctor. In Malta doctors are only held legally responsible for gross negligence. In the light of the Government's policy of promoting Malta as an international medical center, it is essential to bring the legal position regarding the medical profession and civil liability to date with that of other modem countries.