The right of patients to file appeals against negligent doctors with the National Medical Commission (NMC) is now in question with the NMC rejecting a plea against an order of the Haryana State Medical Council.
The Ethical and Medical Registration Board of the commission issued the order on March 9. K.V. Babu, a Kannur-based public health activist, said that all the appeals filed since September 25, 2019, were reportedly being returned now.
The Clause 8.8 of the erstwhile Indian Medical Council Regulations on professional conduct, ethics and etiquette says that “Any person aggrieved by the decision of the State Medical Council (SMC) 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: Provided that the MCI may, if it is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of 60 days, allow it to be presented within a further period of 60 days.”
The Clause 8.7 says that “Where either on a request or otherwise the MCI is informed that any complaint against a delinquent physician has not been decided by an SMC within a period of six months from the date of receipt of complaint by it and further the MCI has reason to believe that there is no justified reason for not deciding the complaint within the said prescribed period, the MCI may (i) Impress upon the concerned SMC to conclude and decide the complaint within a time bound schedule; (ii) May decide to withdraw the said complaint pending with the concerned SMC straightaway or after the expiry of the period which had been stipulated by the MCI in accordance with para (i) above, to itself and refer the same to the ethical committee of the council for its expeditious disposal in a period of not more than six months from the receipt of the complaint in the office of the MCI.”
These clauses were added in 2004, following a Supreme Court judgment. However, the board has now rejected the appeal under Section 30 (3) of the NMC Act, 2019, which says that a medical practitioner or professional who is aggrieved by any action taken by an SMC under sub-section(2) may prefer an appeal to the board against such action, and the decision, if any, of the board thereupon shall be binding on the SMC, unless a second appeal is preferred under sub-section(4). Also, a medical practitioner or professional who is aggrieved by the decision of the board may prefer an appeal to the commission within 60 days of communication of such decision.
Mr. Babu pointed out that despite the repeal of the Indian Medical Council Act, 1956, the educational standards, requirements and other provisions of the Act and the rules and regulations shall continue to be in force and operate till new standards or requirements are specified.
