Express News Service
NEW DELHI: Action against only one doctor, who was found guilty of medical negligence by the Ethics and Medical Registration Board, was upheld by the National Medical Commission (NMC) in the last three years, even as it continued to overlook similar claims of patients’ families despite a Supreme Court ruling.
As per a Right to Information query filed by Kannur-based ophthalmologist Dr K V Babu, four doctors appealed against EMRB’s decision holding them guilty of medical negligence. The NMC upheld only one case, rejecting the others.
As per the NMC Act 2019, medical professionals can appeal against decisions of State Medical Councils (SMC) under Section 30(3) if they are held guilty of medical negligence. If the EMRB, which regulates professional conduct in the country, finds their act punishable, medical practitioners can make a second appeal under 30(4) of the NMC Act.
In his query, Babu had asked how many second appeals were filed by registered medical practitioners (RMP) with the NMC from September 25, 2019 to September 30, 2022. In its reply, NMC said, “…till date 4-second appeals have been received in NMC against the decision of EMRB and all four have been disposed of, wherein the decision of EMRB was upheld in one case and remaining three were rejected for being inconsistent with provisions of NMC, Act, 2019.”
However, NMC did not give a reply to his query about how many appeals of non-RMPs were rejected by EMRB during the same period. “They chose not to reply to my question on how many patients’ families have appealed to them about medical negligence,” he said. However, as per the RTI response to Babu in April 2022, 25 patients’ appeals were rejected by EMRB from September 2019 to March 2022.
Patients can appeal against a doctor under 8.8 of Medical Council of India ethics regulations and 61(2) of NMC Act 2019. The clause was added to MCI regulations after the SC said in 2003 that patients have the right to appeal against medical negligence.
Babu had earlier urged the Union health ministry to probe into the violation of MCI regulations and NMC Act. He said that both stipulate that any person aggrieved by the decision of the SMC on any complaint against a delinquent physician shall have the right to file an appeal to the MCI within 60 days from the date of receipt of the order passed by the said medical council.
One out of 4 appeals upheldAs per an RTI query filed by Kannur-based ophthalmologist Dr K V Babu, four doctors appealed against EMRB’s decision holding them guilty of medical negligence. The NMC upheld only one case
NEW DELHI: Action against only one doctor, who was found guilty of medical negligence by the Ethics and Medical Registration Board, was upheld by the National Medical Commission (NMC) in the last three years, even as it continued to overlook similar claims of patients’ families despite a Supreme Court ruling.
As per a Right to Information query filed by Kannur-based ophthalmologist Dr K V Babu, four doctors appealed against EMRB’s decision holding them guilty of medical negligence. The NMC upheld only one case, rejecting the others.
As per the NMC Act 2019, medical professionals can appeal against decisions of State Medical Councils (SMC) under Section 30(3) if they are held guilty of medical negligence. If the EMRB, which regulates professional conduct in the country, finds their act punishable, medical practitioners can make a second appeal under 30(4) of the NMC Act.
In his query, Babu had asked how many second appeals were filed by registered medical practitioners (RMP) with the NMC from September 25, 2019 to September 30, 2022. In its reply, NMC said, “…till date 4-second appeals have been received in NMC against the decision of EMRB and all four have been disposed of, wherein the decision of EMRB was upheld in one case and remaining three were rejected for being inconsistent with provisions of NMC, Act, 2019.”
However, NMC did not give a reply to his query about how many appeals of non-RMPs were rejected by EMRB during the same period. “They chose not to reply to my question on how many patients’ families have appealed to them about medical negligence,” he said. However, as per the RTI response to Babu in April 2022, 25 patients’ appeals were rejected by EMRB from September 2019 to March 2022.
Patients can appeal against a doctor under 8.8 of Medical Council of India ethics regulations and 61(2) of NMC Act 2019. The clause was added to MCI regulations after the SC said in 2003 that patients have the right to appeal against medical negligence.
Babu had earlier urged the Union health ministry to probe into the violation of MCI regulations and NMC Act. He said that both stipulate that any person aggrieved by the decision of the SMC on any complaint against a delinquent physician shall have the right to file an appeal to the MCI within 60 days from the date of receipt of the order passed by the said medical council.
One out of 4 appeals upheld
As per an RTI query filed by Kannur-based ophthalmologist Dr K V Babu, four doctors appealed against EMRB’s decision holding them guilty of medical negligence. The NMC upheld only one case
