NMC held one doctor guilty of medical negligence in three years, reveals RTI

New Delhi: In the last three years, the National Medical Commission (NMC) held only one doctor guilty of medical negligence, the Apex medical body stated while responding to a Right to Information query filed by Kannur-based ophthalmologist Dr KV Babu. 

The Commission further informed that between the time period from September 25, 2019 to September 30, 2022, it had received altogether four second appeals by doctors who challenged the decisions of the Ethics and Medical Registration Board (EMRB) and while disposing of the appeals NMC found only one doctor guilty. The remaining appeals had been rejected for their inconsistencies with the provisions of NMC Act, 2019.

It should be mentioned in this context that only the doctors can appeal against the State Medical Councils before the NMC. Medical Dialogues had earlier reported that NMC, the Apex Medical Regulator had recently clarified that only a medical practitioner can now appeal before it against any action taken by the State Medical Councils. Although earlier patients or any other person had the right to approach the apex medical regulator NMC with complaints against a doctor, now this relief of appeal has become limited to the members of the medical fraternity only.

Also Read: Only doctors can Appeal against action taken by State Medical Councils: NMC

While rejecting the appeals by the families of patients, NMC had referred to Section 30(3) of the NMC Act 2019 and had confirmed that only doctors or medical professionals who are aggrieved by the State Medical Council orders will be allowed to appeal before the Ethics and Medical Registration Board (EMRB) of the top medical regulator.

Section 30(3) of the NMC Act 2019 reads, "(3) A medical practitioner or professional who is aggrieved by any action taken by a State Medical Council under sub-section (2) may prefer an appeal to the Ethics and Medical Registration Board against such action, and the decision, if any, of the Ethics and Medical Registration Board thereupon shall be binding on the State Medical Council, unless a second appeal is preferred under sub-section (4)."

It is only under Sections 8.7 and 8.8 of the MCI's Ethics Regulations, 2002 that the patients can move an appeal. Earlier, while responding to an RTI application, NMC had confirmed turning down 25 appeals moved by family members of patients and others between the period of September 25, 2020 and March 25, 2022.

Therefore, as per the NMC Act, the Commission will entertain only pleas by medical professionals. Earlier this year, Kannur-based ophthalmologist Dr KV Babu had filed an RTI application and sought to know about the total number of appeals before EMRB between September 25, 2019 and September 30, 2022, total number of doctors who were punished during that time frame, total number of second appeals filed by doctors, total number second appeals upheld by NMC, and number of appeals by non-RMPs rejected by EMRB.

Responding to these questions, NMC clarified recently on November 15, 2022, "The undersigned CPIO is concerned with Coordination and Vigilance matters of National Medical Commission (NMC) and point-3 & 4. In this regard, it is informed that as per records held by the CPIO, till date 04 second appeals have been received in NMC against decision of EMRB and all 04 have been disposed of, wherein decision of EMRB was upheld in 01 case and remaining 03 were rejected for being inconsistent with provisions of NMC, Act, 2019."

Although NMC did not clarify regarding the number of appeals by patients' families or non-RMPs that have been rejected by it, back on April 27, 2022 NMC had mentioned that during the period 25th September 2020 to 25th March 2022, EMRB had received altogether 100 appeals and 25 appeals had been rejected by it under section 30(3) of NMC Act 2019- meaning they had been rejected because the appeals had been filed by non-RMPs.

Also Read: NMC rejected 25 Medical Negligence appeals moved by patients' kin, reveals RTI