Such clarification was issued by the Minister while addressing the queries raised by MP Dr. Bachhav Shobha Dinesh, who sought to know the State/UT-wise data regarding the total number of cases reported for medical negligence causing loss of lives and other physical disability/disorders in the country during the last ten years.
Dr. Dinesh also inquired with the Health Ministry about the percentage of medical negligence cases that resulted in conviction, along with the number of doctors convicted of professional misconduct in the country. Furthermore, he inquired whether the Union Health Ministry is likely to direct the States to maintain such data at the State level, given that health is a State subject, and compile the same at the central level to reduce medical negligence in the country.
The details of the rules and guidelines governing the procedure for processing cases of medical negligence in the country, and a proposal to formulate any stringent guidelines to address this issue, were also sought.
Also Read: No data on complaints of malpractice by Doctors maintained centrally: Govt
In response to these queries, the Union MoS Health informed that the National Medical Commission Act, 2019, empowers State Medical Council (SMC)/Ethics and Medical Registration Board (EMRB) to take disciplinary action in respect of any professional or ethical misconduct by a registered medical practitioner in accordance with the regulations/guidelines framed under the Act.
"The act provides for an opportunity of hearing to the RMP before taking any action against him. Provision for an appeal against the decision of SMC/EMRB has also been made," she added.
The Minister further clarified that "Data on medical negligence cases filed in the country is not maintained centrally."
Medical Dialogues had earlier reported that recently in response to the concerns raised on the alleged lack of transparency in the National Medical Commission (NMC) and the possible bias in favour of the doctors at the expense of the patients, the Minister of State for Health, Smt. Anupriya Patel had refuted such claims and stated that "No such report has been received in the Ministry of Health and Family Welfare."
Further, the MoS Health informed the Parliament that the Ethics Board of NMC regulates the professional conduct and promotes medical ethics amongst doctors and the mechanism to handle complaint (s) with regard to professional misconduct by doctors are provided under Clause 8.2 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.
Also Read: No report on Bias or transparency issues in NMC: Health Minister Tells Parliament
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