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

Written by Barsha Misra Published On 2022-05-05T09:30:12+05:30 | Updated On 5 May 2022 10:24 AM IST

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.

Dr. Babu sought to know in particular how many appeals had been filed before the EMRB under Section 30(3) of the NMC Act, 2019, and under 8.8 of the erstwhile Medical Council of India's Ethics Regulations, 2002. However, EMRB of NMC could not provide satisfactory answers to all the queries raised in the RTI application.

Mentioning that NMC' stand of rejecting appeals to be a denial of rights of patients seeking justice against negligent doctors, Dr. Babu further referred to the recent reply by EMRB on March 9, where it had stated that appeals filed by non-medical professionals to the NMC are "non maintainable under Section 30(3) of the NMC Act, 2019".

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.

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.

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".

In response to the query that how many appeals filed under 8.8 of MCI Ethics Regulations had been upheld by EMRB, the RTI reply mentioned, "no such data has been maintained in the Ethics Section".

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.

Urging the Health Ministry to probe the matter, Dr. Babu stated in an angry Tweet, "The EMRB of the @NMC_IND is given sufficient time to 'prove' their 'ignorance of laws & regulations' & incompetence too ! Now, they should be removed from office, following the due process of law . The Ball is in your court, Health Minister!"

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national medical commissionNMCmedical negligenceState Medical Councilapex medical regulatorNMC actNational Medical Commission Ethics and Medical BoardEthics and Medical Registration BoardEMRBRTI activistRight to Information

Source : with inputs

Barsha Misra

Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.