Big Win for Patients! NMC Now Allows Appeals Against Medical Negligence Rulings

Big Win for Patients! NMC Now Allows Appeals Against Medical Negligence Rulings

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Big Win for Patients! NMC Now Allows Appeals Against Medical Negligence Rulings

In a significant move aimed at strengthening patient rights and ensuring accountability in the medical profession, the National Medical Commission (NMC) has allowed patients and their relatives to file complaints against doctors for medical negligence and misconduct. Furthermore, they can now appeal against the decisions of State Medical Councils (SMCs) to the Ethics and Medical Registration Board (EMRB).

This decision marks a major shift from the NMC’s previous stance, which restricted the right to appeal only to doctors. The change follows years of legal and policy debates on medical ethics, patient safety, and regulatory oversight.

Background of the NMC and Its Role

The National Medical Commission (NMC) was established on September 25, 2020, replacing the Medical Council of India (MCI). The commission was set up to reform medical education and healthcare regulations in India. It aims to:

  • Improve access to quality medical education
  • Ensure the availability of skilled medical professionals across the country
  • Promote equitable healthcare
  • Encourage medical research
  • Maintain high ethical standards in medical services

Under its Ethics and Medical Registration Board (EMRB), the NMC oversees ethical conduct among doctors and handles complaints related to medical negligence and professional misconduct.

Previous Stance on Appeals

Before this recent change, the NMC had maintained that only doctors could appeal against the decisions of State Medical Councils (SMCs). This decision was first introduced in October 2021 and was widely criticized by patient rights groups.

As a result, from March 2022 onwards, the EMRB rejected several petitions from patients and their families, citing its October 2021 ruling. This meant that if a State Medical Council (SMC) dismissed a complaint of negligence, patients had no further recourse within the NMC framework.

However, legal experts, patient advocacy groups, and several healthcare professionals argued that this restriction favored doctors over patients, reducing transparency and accountability.

The Landmark Decision: Patients Can Now Appeal

On September 23, 2024, during a key commission meeting, the NMC decided to overturn its previous ruling. It granted patients and their families the right to appeal decisions made by State Medical Councils (SMCs) regarding complaints of medical negligence or misconduct.

The details of this decision were accessed on January 30, 2025, through an RTI (Right to Information) application filed by KV Babu, a Kannur-based ophthalmologist. His RTI revealed that the NMC had recognized the need for fairer, more transparent processes in handling medical complaints.

Implications of This Decision

  1. Greater Accountability:
    • Doctors can now be held accountable for medical negligence and ethical violations through an additional appellate body.
    • This ensures that the decisions made by State Medical Councils (SMCs) are subject to further scrutiny.
  2. Enhanced Patient Rights:
    • Previously, patients and their families had no avenue for appeal if a State Medical Council dismissed their complaint.
    • Now, they have the right to challenge unfair decisions.
  3. Checks on State Medical Councils (SMCs):
    • Some SMCs have been accused of biased decisions favoring doctors.
    • This ruling ensures that these councils are not the final authority on medical negligence cases.

The Role of the Union Health Ministry and Legal Amendments

The Union Health Ministry has been working to amend the NMC Act, 2019, to allow patients to file appeals with the EMRB. Although this amendment has not yet been officially implemented, the NMC’s recent decision effectively achieves the same goal.

Ethics Regulations and Appeal Process

The Ethics Regulations, 2002, currently govern how complaints of medical negligence are handled. According to Regulation 8.8, if a patient is dissatisfied with the State Medical Council’s decision, they can appeal to the Medical Council of India (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 for filing an appeal.
  • With the MCI now replaced by the NMC, the Ethics and Medical Registration Board (EMRB) will handle these appeals.

Challenges and Concerns

While the NMC’s decision is a positive step, some concerns remain:

1. Delays in Processing Appeals

  • The medical regulatory system in India is often slow and bureaucratic.
  • If the EMRB receives a large volume of appeals, delays could hinder justice.

2. Need for a Transparent Complaint Mechanism

  • The process for filing and resolving complaints must be clear and transparent.
  • Patients should have access to online tracking of their cases.

3. Resistance from Medical Associations

  • Some doctor associations may oppose the decision, fearing an increase in malicious or frivolous complaints.
  • The NMC must ensure that the system protects doctors from harassment while still holding negligent practitioners accountable.

Expert Reactions

Support from Patient Rights Groups

Dr. Anoop Saraya, a senior medical ethics expert, welcomed the move, saying:
“Patients must have the right to appeal against unfair decisions. This step will improve accountability in the healthcare sector.”

Concerns from Doctors’ Associations

However, some doctors argue that this decision may lead to an increase in false allegations. A senior representative from the Indian Medical Association (IMA) stated:
“While we support patient rights, we also need safeguards to prevent misuse of the complaint system.”

 A Step Towards Fairer Medical Accountability

The National Medical Commission’s decision to allow patients to appeal against State Medical Council decisions marks a major milestone in India’s medical regulatory framework.

By recognizing the rights of patients and their families, the NMC is ensuring greater transparency and accountability in the healthcare sector.

However, for this decision to be truly effective, the NMC must:

  1. Ensure a quick and transparent appeal process
  2. Prevent frivolous complaints against doctors
  3. Provide clear guidelines for both patients and doctors

This decision sets a precedent for future reforms in India’s medical ethics and regulatory system, ensuring that both doctors and patients receive fair treatment under the law.