DISY deputy Christodoulos Taramountas yesterday called for an investigation into why Medical Services head Constantinos Mallis called off criminal proceedings into a Limassol clinic that did not fulfil operating regulations and was the scene of a shock death earlier this week.
Thirty-seven-year-old Eleni Zachariou died on Tuesday after undergoing fertility treatment to remove her eggs for external fertilisation. Her family is accusing both the doctor and the clinic of professional negligence.
Taramountas, who is also the family’s lawyer, said: “The operation of this clinic raises enormous questions. Why did the ministry ask for this clinic to be closed down in writing and did not impose the law? The law is there to be implemented and not to be asked to be implemented.”
Taramountas was speaking following revelations that the Health Ministry had been made aware of the clinic’s illegal status eight months ago.
At yesterday’s House Health Committee meeting, ministry official, Giorgos Prountzos, told deputies Health Minister Dina Akkelidou had received a letter of complaint about the clinic in March. The charge was passed on to the inspector of private clinics (Constantinos Mallis) five days later, who, on May 2, confirmed an investigation into the matter had concluded that the clinic was operating illegally. On the same day, Mallis sent the owner a letter requesting he suspend the clinic’s operation, threatening legal action.
On June 6, however, the ministry received a further complaint that the clinic was continuing to operate, said Prountzos. On June 18 Mallis requested the legal services’ advice and on July 16 was told the clinic was not eligible for the grace period given to other clinics because it had never possessed a license to begin with.
A law was passed in 2001 regulating the operation of private clinics and they were given until the end of this year to meet the new regulations.
Prountzos said Akkelidou then received a letter from the clinic owner on July 25 claiming excess workload and ignorance of the law, and asked her to help him secure a licence. He said his clinic had been operating since 1999.
A month later Mallis told the owner his request had been rejected. Before that, however, he had asked the legal services to determine whether infertility units were allowed a grace period, to which, in October, they replied “no” unless they operated as clinics.
On September 2 Mallis discovered the clinic continued to operate and called for criminal proceedings to be taken against the owner. The Attorney-general asked police to investigate the matter which they did. Two weeks later, Mallis called off all proceedings.
Prountzos was yesterday unable to say why as there was nothing in the case file.
Nevertheless Taramountas said criminal oversights such as this one were “impermissible” and questioned the Health Ministry’s compliance and negligence. “I will definitely ask for an investigation into the relevant official (Mallis),” he said.
Mallis, who is currently abroad, will be called to answer questions at next Thursday’s House Committee meeting.
Deputy Attorney-general Petros Clerides also spoke out harshly against the Health Ministry.
Clerides said: “It is inexcusable. If this clinic was operating without a license then measures needed to be taken to stop it. The only excuse I can think of is if the doctor told Mr Mallis and the Health Ministry he had already closed down his clinic… (But) he should have confirmed such a claim – if one were made – by sending inspectors to verify it.”
He added: “Despite this the Ministry could have continued its investigations in order to punish the clinic for operating without a license up until now and for its failure to conform with the May 2 order.”
Zachariou’s autopsy will be carried out today following the return of pathologist Dr Marios Matsakis from Brussels. He has been asked to participate by the doctor accused of causing the 37-year-old’s death. The autopsy was postponed for three days by a court order. Both Clerides and Taramountas opposed this decision as it could result in vital evidence being lost, such as accurate levels of medication used during the procedure, they said.
Meanwhile Education Minister Pefkios Georgiades yesterday announced the Cabinet would be discussing the matter at its next meeting.
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