New Delhi: In a significant victory for patients’ rights, the National Medical Commission (NMC) has decided to entertain patient appeals in cases against doctors. For nearly five years since the NMC’s establishment in September 2020, it had been rejecting patient appeals, asserting that only doctors could appeal against state medical councils’ decisions. However, the NMC’s recent decision, which has not yet been made public, signals a change in its stance.
Minutes from the NMC meeting held on September 23, 2024, obtained through the Right to Information Act, revealed that the NMC agreed to hear all appeals received by its Ethics and Medical Registration Board (EMRB). It was also decided that if state councils fail to take action on complaints filed by patients, even after reminders from the EMRB, the board may take over the matter and dispose of it.
Previously, the NMC cited Section 30(3) of the NMC Act 2019, which restricted the right to appeal to medical practitioners aggrieved by decisions of state councils. The EMRB and the NMC had reiterated that only medical professionals could appeal decisions made by state medical councils.
Dr. KV Babu, an ophthalmologist and RTI activist, who has been advocating for patients’ rights to appeal, welcomed the NMC’s new decision. He emphasized that patients have the right to appeal under the ethics regulations of 2002, which had been in force before the NMC Act was passed. According to Clause 8.8 of the 2002 ethics regulations, “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.”
Despite previous rejection of patient appeals, Dr. Babu has continuously filed complaints and RTI requests to the health ministry and NMC since 2022. His persistent efforts and the inclusion of patient appeal provisions in the draft National Medical Commission (Amendment) Bill 2022 further reinforced the need for patient appeal rights. Although the bill has remained stalled, the NMC’s new decision marks a positive shift toward upholding patient rights.
The NMC’s earlier stance, which disallowed patient appeals, was deemed illegal by Dr. Babu, as Clause 8.8 of the 2002 regulations remained in effect until the NMC Act’s provisions were fully implemented. He expressed satisfaction with the NMC’s recent decision, as over a hundred patient appeals had previously been rejected.
This move by the NMC reflects a significant step towards safeguarding patients’ rights within the healthcare system.
