The National Medical Commission (NMC) rejected 25 appeals by family members of patients and others against decisions of State Medical Councils (SMCs) related to cases such as medical negligence between September 25, 2020, and March 25, 2022 as they “were not maintainable”.
It was the Ethics and Medical Registration Board (EMRB) of the commission that turned down the requests saying under section 30(3) of the NMC Act, 2019, only medical professionals have the right to do so. This was given in reply to a query under the Right to Information Act to K.V. Babu, Kannur-based ophthalmologist.
Dr. Babu had sought to know the total number of appeals filed with the EMRB against decisions of SMCs during the above period along with details from each SMC. He also sought to know the total number of appeals filed with the EMRB against decisions of SMCs under Section 30(3) of the NMC Act, 2019, and under 8.8 of the erstwhile Medical Council of India’s Ethics Regulations, 2002.
According to the NMC Act, 2019, medical professionals can appeal against decisions of SMCs under its Section 30(3). Patients can file appeals under 8.7 and 8.8 of the MCI’s Ethics Regulations, 2002. Dr. Babu was told that as per available information, the EMRB got a total of 100 appeals during the period, but “segregated data was not available”. To the query on the total number of appeals upheld by the EMRB, which are filed under 8.8 of MCI Ethics Regulations, he was told that “no such data has been maintained in the Ethics Section”.
Terming this as a denial of the right of patients to seek justice against negligent doctors, Dr. Babu said that the EMRB had given a shocking reply to Ritu Verma of Haryana on March 9 that the appeals filed by non-medical professionals to the NMC are “non maintainable under Section 30(3) of the NMC Act, 2019”.
Listing the functions of the EMRB from the NMC website, he pointed out that they include “exercising appellate jurisdiction with respect to the actions taken by a State Medical Council”. Also, both the Ethics Regulations of the MCI and Sections 61(2), 45(1) and 45(2) of NMC Act 2019, say that any person aggrieved by the decision of the State Medical Council on any complaint against a delinquent physician shall have the right to file an appeal to the MCI within a period of 60 days from the date of receipt of the order passed by the said medical council. Dr. Babu urged the Union Ministry of Health and Family Welfare to hold an inquiry into the violation of the MCI regulations and the NMC Act, and remove the EMRB from office.
