Medical Negligence vs Medical Errors? Govt clears air on Legal framework
Medical Negligence
New Delhi: The issue of a legal framework to deal with medical negligence cases was recently raised before the Lok Sabha. In this regard, the Health Ministry was asked about the possibility of any plans to introduce a clear legal framework to differentiate between medical negligence and unintended medical errors or provide any guidelines to adjudicate medical negligence cases.
While addressing the related queries, the Union Minister of Health for State stated that any complaint of professional misconduct by Registered Medical Practitioners can be brought before the appropriate Medical Council for disciplinary action as per the provisions under the Professional Conduct, Etiquette and Ethics Regulations 2002 framed under National Medical Commission (NMC), 2019.
Further, the Minister clarified that the State Medical Council /NMC Ethics Board have the authority to take disciplinary action against a doctor for any professional or ethical misconduct.
However, before taking any action, the medical practitioner is provided with an opportunity for a hearing, and there is also a provision for appealing against the SMC/EMRB decision.
Such clarifications were issued by the Minister while responding to the queries raised by Parliament member Shri G Kumar Naik, who asked whether the Government had any plans to introduce a clear legal framework to differentiate between medical negligence and unintended medical errors to prevent undue legal action against doctors.
The Minister was also asked to provide details on the measures taken/proposed by the Government to ensure that genuine and ethical medical practitioners were protected from unwarranted litigation while still holding negligent doctors accountable. Further, he asked about the manner in which the Government was likely to balance patient rights and safety with protecting doctors from legal fear and ensuring that litigation did not discourage competent medical professionals from practicing.
Apart from this, it was asked whether the Government intended to establish national guidelines to assess medical negligence cases to ensure that decisions are based on medical expertise rather than just consumer law interpretations.
In response to these queries, the MoS Health informed the Lok Sabha, "Any complaint with regard to professional misconduct by Registered Medical Practitioner (RMP) can be brought before the appropriate Medical Council for disciplinary action as per provisions made under Professional Conduct, Etiquette and Ethics Regulations 2002 framed under National Medical Commission (NMC), 2019."
"Section 30 of the NMC Act, 2019 empowers State Medical Council/Ethics and Medical Registration Board (EMRB) to take disciplinary action in respect of any professional of 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," the Minister further added.
Medical Dialogues had earlier reported that Union MoS Health also clarified on the proposal for setting up any special tribunal to deal with medical negligence cases. The Union Minister of State for Health for Health, Smt. Anupriya Patel informed there is no such proposal and mentioned that the Medical Council of India (Professional Conduct, Etiquette and Ethics) Regulations, 2002 stipulates that any complaint regarding professional misconduct of a medical practitioner can be brought before the appropriate Medical Council for disciplinary action.
