The Union government seems to be dragging its feet over a proposal to amend the National Medical Commission (NMC) Act, 2019, to help patients or their relatives file complaints against actions of State Medical Councils (SMC) related to medical negligence or professional misconduct.
Replying to an RTI query, the Ministry of Health and Family Welfare told Kannur-based ophthalmologist and activist K.V. Babu on October 8 that the amendment was still “under consideration”.
It was on December 29, 2022, that the Ministry put out a public notice on the introduction of the National Medical Commission (Amendment) Bill, 2022, seeking suggestions from the people. The amendment’s objectives were to set up a fifth autonomous board, namely the Board of Examinations in Medical Sciences, under the NMC; to incorporate a provision in the parent Act that the jurisdiction in the cases filed by medical colleges or institutions in matters related to the NMC shall be the Delhi High Court only; and to provide provision for patients, their relatives, or complainants to prefer appeal in the Ethics and Medical Registration Board (EMRB)/NMC against the decision/action of the SMC in complaints related to medical negligence/professional misconduct. Based on the public response, the Ministry officials prepared their file noting on May 25, 2023, agreeing to go ahead with the provision to appeal. According to sources, there was no progress thereafter.
At present, there is no provision in the NMC Act for patients to challenge the decisions of SMCs related to the medical negligence of doctors. EMRB officials, in their correspondence with various complainants in recent years, have always made it clear that only medical professionals have the right to file an appeal against decisions of the SMCs under Section 30(3) of the NMC Act. They have also added that patients should not be allowed to file an appeal before the EMRB under this section.
“Looks like both the elected government and the NMC are competing with each other to deny patients’ right to appeal against decisions of SMCs. Otherwise, how can the Ministry still sit over the amendment which has been in public domain since December 2022 and after the files were approved in 2023 May?,” Dr. Babu asked.
Published - October 14, 2024 07:19 pm IST
