Patient's appeal allowed or not? Confusion persists over NMC rejection
NMC Rejects Patient's Appeal
New Delhi: Despite its decision to accept patient's appeals against medical professionals, the National Medical Commission (NMC) recently turned down an appeal filed by a patient from Punjab.
Since the time the National Medical Commission (NMC) replaced the erstwhile Medical Council of India (MCI), the Commission has reportedly been rejecting patients' appeals arguing that only medical practitioners could file an appeal before the NMC under the National Medical Commission Act 2019.
Medical Dialogues had earlier reported that NMC had rejected 65 appeals moved by patients or their families between March to September 2022 on the grounds of non-maintainability. The data came to light in response to an RTI application filed by Dr Babu back in 2022.
These appeals were rejected as per Section 30(3) of the NMC Act 2019 which states, "(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)."
Back in 2023, the Central Government put the proposal to amend the NMC Act 2019 allowing the patients and their relatives to challenge the decisions of the State Medical Councils (SMCs) before the NMC Ethics Board on hold. This was revealed by the authorities in response to a Right to Information (RTI) application filed by Health Activist Dr KV Babu. The proposal for amending the NMC Act 2019 was put forth by the Government itself.
NMC's stand to reject patients' appeals faced criticism from Health Activist Dr. KV Babu, who had been arguing over the last couple of years that the patients have the right to file an appeal against the state medical council's decision under the Ethics Regulations 2002, 8.8.
Also Read: NMC norms don't have option for appeals by patients, proposal pending at govt level
Section 8.8 of the MCI Ethics Regulations 2002 states, "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."
Recently, bringing good news to the public, NMC decided to take up their appeals against state medical councils' orders. The Commission decided that all appeals by the Ethics and Medical Registration Board (EMRB) would be entertained. NMC mentioned this decision in the minutes of the 16th meeting held on 23rd September 2024, a copy of which was shared with Dr. K V Babu, who filed an RTI application in this regard.
As per the document, the issue of taking a policy decision regarding the disposal of non-medico complaints not decided by the State Medical Councils within the prescribed time limit was the agenda of the 14th meeting of the NMC Ethics Board.
Agreeing that all appeals received by EMRB would be entertained, the Commission further decided to send a communication by EMRB to the State Medical Councils to complete the process in a time-bound manner.
It had specified that in the case of failure by the concerned state medical council to act, the Ethics Board may take over the complaint matter from the medical council and dispose of the same.
Despite such a decision taken in its 16th meeting, the Ethics and Medical Registration Board (EMRB) of the NMC on February 21 rejected the appeal by a patient from Punjab's Amritsar. The patient from Amritsar filed an appeal dated January 30 against the decision of the Punjab Medical Council. He alleged medical negligence against the treating facility claiming that it led to his wife's death.
However, on February 21, he received a letter from the NMC, which rejected its appeal stating that the Ethics Board had decided in October 2021 that under the NMC Act 2019, only medical practitioners or professionals should be allowed to appeal before EMRB.
Apart from relying on Section 30(3) of the NMC Act, 2019, the Commission also mentioned in the communication addressed to the complainant that NMC in its meeting held on 06.10.2021 reiterated that based on the NMC Act, 2019 appeals from only medical practitioners or professionals should be allowed as appeals before Ethics and Medical Registration Board (EMRB) under section 30(3) of the National Medical Commission Act, 2019.
"Accordingly, it has been decided by EMRB that all the appeals of non-medical Practitioners or Professionals which were filed on or after coming into force of all the provisions of the National Medical Commission Act, 2019 w.e.f. 25th September 2020, shall be returned in pursuance of section 30(3) of the NMC Act, 2019," mentioned the communication dated 21.02.2025.
"In view of the above, your appeal dated 31.01.2025 against the decision of the Punjab Medical Council is returned herewith," it further mentioned.
Commenting on the matter, Dr KV Babu, who had been raising this issue for a long time, told Medical Dialogues, "NMC appears to be in shambles. Who took the decision to reject an appeal when EMRB is vacant? It looks like *** appeal was rejected by some functionary in the EMRB division who just copied an earlier letter. Such a casual approach is shocking."
Also Read: Patients can file appeals against state medical councils orders: NMC
