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

New Delhi: Until now, the Ethics and Medical Registration Board (EMRB) of the National Medical Commission (NMC) has turned down a total number of 25 appeals moved by the family members of the patients and others challenging the orders of the State Medical Councils.

While turning down such appeals between the period of September 25, 2020 and March 25, 2022, the EMRB of NMC claimed that they "were not maintainable" and pointed out that under Section 30(3) of the NMC Act, 2019, only medical professionals have the right to appeal against State Medical Councils decisions.

Such information was revealed by the Apex Medical Regulator in response to an appeal filed under the Right to Information Act by Kannur-based opthalmologist K.V.Babu.

He had inquired the Commission regarding the total number of appeals filed with the EMRB against decisions of State Medical Councils between September 25, 2020, and March 25, 2022 along with the details from each of the State Medical Councils.

It is only under Sections 8.7 and 8.8 of the MCI's Ethics Regulations, 2002 that the patients can move an appeal.

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

As per the latest media report by The Hindu, while responding to the queries raised by Dr. Babu under the RTI application, the apex regulatory body confirmed that EMRB received a total number of 100 appeals during this period. However, "segregated data was not available".

Dr. Babu pointed out the list of functions of EMRB includes "exercising appellate jurisdiction with respect to the actions taken by a State Medical Council". Apart from this, he pointed out that both the Ethics Regulations of the MCI and Sections 61(2), 45(1) and 45(2) of NMC Act 2019 clarify that if anyone is aggrieved by the decision of the State Medical Councils regarding any complaint against a delinquent physician, they have the right to file appeal to the MCI within a period of 60 days from the date of receipt of the order passed by the said medical council.