
NEW DELHI: In a landmark decision, the National Medical Commission (NMC) has overturned its earlier verdict, which rejected the appeals of patients and their relatives to approach its ethics board against the decision of the State Medical Councils (SMC) regarding complaints of medical negligence and misconduct against doctors.
Going one step ahead, NMC also made it clear that if the SMCs fail to take action on any medical negligence complaint, its ethics board will take over.
The decision was taken in the 16th meeting of the NMC, an apex body that regulates medical education, medical professionals, and institutes, on September 23, 2024.
The NMC has been debating its own proposal for over two years. The NMC’s Ethics and Medical Registration Board (EMRB) has not allowed such complaints, though an August 2023 notification permits families and relatives to appeal against an erring medical professional.
Taking up the policy decision on disposal of non-medico’s complaints not decided by respective SMCs within the prescribed time limit, the minutes states, “NMC has agreed that all appeals received by the EMRB will be entertained.”
“Further, with regard to action not being taken by SMCs on complaints filed by non-medicos even after issuance of reminders by the boards. It was decided to send a communication by EMRB to SMCs to complete the process in a time-bound manner,” it said.
“In case of failure by the concerned SMC to act upon, EMRB may take over the complaint/matter from the SMC and dispose of the same. This is noted by EMRB, and the board will proceed further accordingly,” it added. EMRB regulates professional conduct and promotes medical ethics in the country.
Reacting to the NMC decision, Kerala-based KV Babu, who has filed several RTIs on this issue, said, “I welcome the decision of the NMC, though it is delayed. I am happy that better sense has prevailed.”
“I have been repeatedly arguing that the patients have the right to appeal against the SMC decision under ethics regulation 2002,” said Dr Babu, who, through his RTI, sought a copy of the minutes of NMC’s 16th meeting.
As per clause “8.8, any person aggrieved by the decision of the SMC on any complaint against a delinquent physician shall have the right to file an appeal to the MCI within 60 days from the date of receipt of the order passed by the MCI.”
Course correction
The National Medical Commissionhas been debating its own proposal for over two years. Its Ethics and Medical Registration Board (EMRB) has not allowed such complaints, though an August 2023 notification permits families and relatives to appeal against an erring medical professional.