EN Official Journal of the European Union CE 78/875

(2004/C 78 E/0928)

WRITTEN QUESTION E-3916/03

by Maurizio Turco (NI), Marco Pannella (NI), Marco Cappato (NI), Gianfranco Dell'Alba (NI), Benedetto Della Vedova (NI) and Olivier Dupuis (NI) to the Commission

(17 December 2003)

Subject: Unsatisfactory standards in Italy for checking that medical staff have the necessary professional qualifications

Knowing that:

— on 5 September 2003 Mr Fabio Gaetano Arcuri suffered an accident resulting in a fracture and dislocation of the left shoulder and went to the accident and emergency department of the San Giacomo hospital in Rome for treatment;

— he was seen by the so-called Dr Robert Ingravalle a consultant in the hospital's orthopaedic department;

— as Dr Ingravalle considered that emergency surgery was required, he referred Mr Arcuri to the Pio XI private clinic in Rome where, the day after his discharge from the San Giacomo hospital, he underwent the planned surgery which was carried out by Dr Ingravalle himself;

— the operation was unsuccessful and Mr Arcuri not only had to undergo further surgery but also lengthy and expensive rehabilitation; he subsequently made inquiries about the consultant from the orthopaedic department of the San Giacomo hospital and, to great surprise, he soon found that the Dr Ingravalle had never obtained a degree in medicine and that his name had never appeared on the professional register of surgeons;

— it also emerged from reports in the press and on television that Mr Ingravalle had been practising at San Giacomo hospital for more than 15 years and had even attended congresses as a spokesman and appeared on public service broadcasting programmes as a well-known orthopaedic specialist;

— the situation arose because of inadequate checks on appointments to the public service and cooperation with private clinics;

— as Mr Arcuri's case shows, this puts the health of patients treated by the national health service and the private health system at serious risk of harm.

Does the Commission intend to take this matter up with the Italian authorities and investigate whether existing legislation in Italy meets the necessary standards when it comes to checks designed to ensure that patients are treated by medical staff with the necessary professional qualifications?

Answer given by Mr Bolkestein on behalf of the Commission

(18 February 2004)

First of all it is appropriate to stress that the question by the Honourable Members deals with a situation that presents no cross-border elements and is purely internal to Italy.

Secondly, while according to Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (1), the exercise of the medical profession is reserved to holders of one of the qualifications listed in the relevant annexes or the publication in accordance with Article 41, it is in principle the responsibility of the competent institutions of the Member States to see that this principle is respected.

Third, the situation to which the Honourable Members refer concerns the exercising of the profession of a specialist doctor by a person who, according to their information, does not hold any medical qualification whatsoever and must, hence, be considered as an individual case. The Commission does not dispose of any information which would lead to the conclusion that medical professions in Italy are systematically exercised by persons with no training and no qualifications. If this were the case, the Commission would certainly not hesitate to initiate the steps foreseen in the EC-Treaty, and particularly in Article 226.

(1) OJ L 165, 7.7.1993.