NMC rejected 65 appeals moved by patients, reveals RTI

New Delhi: The National Medical Commission (NMC) has turned down 65 appeals moved by patients or their families in the last seven months.

While responding to a Right to Information (RTI) application filed by Kannur-based ophthalmologist and activist Dr. K V Babu, the Apex medical commission has informed that 65 appeals were rejected between March to September this year on the ground of non-maintainability.

"As per available records, around 65 appeals have been returned due to their non-maintainability under section 30(3) of the National Medical Commission Act, 2019 during March 2022 to September, 2022," NMC informed in its reply dated November 17, 2022.

The Commission turned down these appeals despite the earlier directive of the Supreme Court, on the basis of which the erstwhile Medical Council of India (MCI) had amended its Code of Ethics Regulations, 2002.

One such amendment was included in Clause 8.8 of the Code of Ethics Regulations. It read, "8.8 Any person aggrieved by the decision of the State Medical Council on any complaint against a delinquent physician, shall have the right to file an appeal to the MCI within a period of 60 days from the date of receipt of the order passed by the said Medical Council:

Provided that the MCI may, if it is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of 60 days, allow it to be presented within a further period of 60 days."

However, after NMC took over the MCI, the National Medical Commission Act, 2019, also replaced the Indian Medical Council Act. The new NMC Act limited the scope of appeal before the Ethics and Medical Registration Board and restricted it for the members of the medical fraternity only.

Also Read: Only doctors can Appeal against action taken by State Medical Councils: 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 only medical professionals can approach the Commission.

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)."

Previously, 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.

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

Recently, Dr. K V Babu from Kannur again filed an application under the RTI Act. He sought to know the total number of appeals with the EMRB between September 2019 and September 2022, the total number of doctors who were punished during this period of time, total number of appeals by non RMPs rejected by NMC etc.

Responding to these queries NMC confirmed that altogether 65 appeals by non RMPs have been rejected due to their non-maintainability under section 30(3) of the National Medical Commission Act, 2019 during March 2022 to September, 2022.

Further, the Commission has also informed that altogether 4 appeals by doctors were received against the decision of the EMRB and all of them have been disposed off. The Commission further informed that "decision of EMRB was upheld in 01 case and remaining 03 were rejected for being inconsistent with provisions of NMC Act, 2019."

While commenting on this, Dr. K V Babu told Medical Dialogues, "NMC can not take away the rights given to patients by the Supreme Court. Being the apex medical regulator, NMC has the responsibility to regulate the profession in public interest. It is not a professional interest group."

"NMC Act clearly states that 'the rules and regulations made under the Indian Medical Council Act, 1956, shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder'. So, the ethics code remains unchanged as it has not been replaced by NMC. It continues to operate and as a result clause 8.8 should continue operating as well. Clearly, NMC's decision of rejecting appeals of non-doctors is illegal," he further explained.

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