In a victory for patients’ rights, the National Medical Commission has decided that it will take up appeals of patients in cases against doctors. For almost five years, since the NMC was constituted in Sept 2020, it has been rejecting patients’ appeals stating that only doctors have the right to appeal against decisions of state medical councils. However, the NMC decision is yet to be made public.
The minutes of the NMC meeting held on Sept 23, 2024, obtained through the right to information, showed that the NMC had agreed that all appeals received by its Ethics and Medical Registration Board (EMRB) will be entertained. In case of action not being taken by state councils on complaints filed by non-medicos (read patients or their families) even after issuance of reminders by the boards, it was decided that EMRB may take over the complaint/matter from the state council and dispose of it.
The NMC was refusing to hear patients’ appeal citing section 30(3) of the NMC Act 2019. The Section states: A medical practitioner or professional who is aggrieved by any action taken by a State Medical Council under sub-section (2) may prefer an appeal to the Ethics and Medical Registration Board (EMRB)against such action, and the decision…” Citing this section the EMRB and the NMC stated that the law only allowed medical practitioners aggrieved by decisions of state councils to appeal.
“I have been repeatedly arguing that patients have the right to appeal against decisions of state medical council under the ethics regulations of 2002, which have been in force all through,” said Dr KV Babu an ophthalmologist and RTI activist, who has been following up the issue through RTI applications and complaints to the ministry and the NMC since 2022. The clause allowing patients to appeal was added to the ethics regulations of 2002 following a Supreme Court order.
Responding to several complaints from patients, the health ministry added a provision for patients to appeal in the draft of the National Medical Commission (Amendment) Bill 2022, which was made public in Dec 2022. However, the bill has remained in limbo.
In Aug 2023, the NMC brought in a new ethics code to replace the ethics regulation of 2002. However, in the face of protests from doctors and the pharmaceutical and medical device industry, the new regulations were held in abeyance and the NMC reiterated that the old regulations would be applicable. However, patients’ appeals continued to be rejected.
“The NMC Act states that ‘the rules and regulations made under the Indian Medical Council Act, 1956, shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder’. The ethics code was not replaced by the NMC, except briefly in Aug 2023. Otherwise, the 2002 regulations have been in operation right from the inception of the NMC. So, the NMC’s decision to disallow appeals of non-doctors was always illegal. I am happy that finally better sense has prevailed,” said Dr Babu. Over the years, over a hundred patient appeals have been rejected.