NEW DELHI, Feb 4 : The National Medical Commission (NMC) has decided to hear patients’ complaints against doctors related to medical negligence or professional misconduct, officials said.
Patients can file appeals with the NMC’s Ethics and Medical Registration Board (EMRB) against decisions of State Medical Councils (SMCs).
The decision, yet to be formalised, was taken at a meeting of the commission held in 2023, NMC Secretary Dr B Srinivas said.
The NMC Act 2019, still extant, allows only medical professionals to complain with the SMCs, and appeal to EMRB, if they’re not satisfied with the action.
According to the 2002 regulations, patients had the right to appeal against doctors with the SMCs if there was any deficiency in treatment or if they felt there was some negligence or misjudgement.
The practice continued till 2019, when the NMC Act came into effect.
The present Act says that only medical practitioners can approach the SMCs with their complaints, and appeal further if dissatisfied, with no mention of the patients in the context, a source said.
“In the meeting held last year, wider discussions were held with all stakeholders. And it was decided by the Commission that just because that line patients can appeal is not there in the NMC Act that does not construe they cannot appeal to the NMC. So it was decided that even patients can have the right to appeal against doctors to the SMC and if not satisfied with decisions of SMC they can appeal to the NMC,” Dr Srinivas said.
Necessary amendments in the NMC Act still need to be done to formalise the decision, he said.
Meanwhile, he added, the NMC will hold meetings with the SMCs and other stakeholders for making SOPs for the patients on how to appeal against doctors till the provision is formalised.
According to sources, in view of several complaints from patients, the health ministry had added the provision for patients to appeal in the draft NMC (Amendment) Bill 2022. The bill has not yet been introduced. (PTI)