 "Now, patients can appeal against medical councils’ decisions on negligence at NMC")
The National Medical Commission (NMC) has said that patients and their relatives can now file complaints of medical negligence and misconduct against doctors. The NMC has overturned its earlier decision.
Now, patients can appeal to its Ethics and Medical Registration Board (EMRB) against decisions of State Medical Councils (SMCs).
This landmark decision was taken at a meeting of the commission held on September 23, 2024.
The details of the meeting were accessed by KV Babu on January 30 through an RTI application. He is a Kannur-based ophthalmologist.
The NMC had earlier decided in October 2021 that only doctors had the right to file appeals with the ethics board.
It was established on September 25, 2020, replacing the Medical Council of India.
The commission’s objectives include improving access to quality medical education, ensuring the availability of high-quality medical professionals across the country, promoting equitable healthcare, encouraging medical research, and maintaining high ethical standards in medical services.
Since March 2022, the EMRB has rejected many petitions from non-doctors.
Later that year, the Union Health Ministry decided to amend the NMC Act, 2019, to allow non-doctors to file appeals with the EMRB. However, the change has not been implemented yet.
Meanwhile, the NMC issued a gazette notification in August 2023, stating that the Ethics Regulations, 2002, will remain in effect until the new provision is enacted.
Impact Shorts
More ShortsAs per Regulation 8.8 of the Ethics Regulations, 2002, anyone unhappy with the State Medical Council’s decision on a complaint against a doctor can appeal to the MCI within 60 days of receiving the order.
If there is a valid reason for the delay, the MCI may allow an additional 60 days to file the appeal.
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