Upto 5-year jail, Rs 1 Crore fine for medical negligence in Madhya Pradesh

The bill calls that all clinical establishments have to be registered with the District Registering Authority

The bill also specifies the process of creation and the functions of the District Registering Authority as well as the Madhya Pradesh Clinical Establishment Regulatory Commission. Besides issues of medical negligence, the commission also possess the power to impose a monetary penalty up to 50 lakhs in case of any violation of the process under this Act.

The key highlight of the bill is the provision related to offence committed by the clinical establishments or the medical practitioners wherein;

if any clinical establishment whether by itself or by any other person on its behalf, while providing any diagnosis, treatment or care for illness, injury, deformity, abnormality, pregnancy and or medicine, surgery in any recognised system of medicine, causes death of such person, due to negligence, such person of the Clinical establishment or the Clinical establishment, as the case may be, shall be punishable with imprisonment for a term which shall not be less than three year, but which may extend to five years, or with fine which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both.

With the bill issued on October 1, the Government intends to cancel and replace the Madhya Pradesh Upcharyagriha Tatha Rujopchar Samabandhi Sthapnaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973, with the Madhya Pradesh Clinical    Establishments  (Registration and Regulation) Act, 2019; that will provide for the registration and regulation of clinical establishments and to establish a District Registering Authority for Registration, regulation and dispute redressal and also to establish the Appellate body to hear appeal from the decisions, directions and orders of the District Registering Authority, and for matters connected therewith and or incidental thereto.