Monday, March 10

New Delhi: In a controversial move, the Ethics and Medical Registration Board (EMRB) of the National Medical Commission (NMC) rejected the appeal of a Punjab patient on February 21, despite a decision in September 2023 allowing both doctors and patients to appeal against state medical council rulings.

Who Rejected the Appeal If EMRB Is Vacant?
The rejection has raised serious concerns as the EMRB has been completely vacant since all members’ tenure ended last year. Activists are questioning who made the decision in the absence of a functioning board.

Patient Appeals Previously Denied Despite Supreme Court Ruling
Since September 2020, when the NMC was established, hundreds of patient appeals have been rejected, citing the NMC Act 2019, which allegedly allows only doctors to appeal. However, a 2002 Supreme Court ruling had already upheld patients’ right to appeal.

Punjab Patient’s Appeal Rejected Using Old Template
Gokul Chand Aneja from Amritsar, Punjab, had appealed against the Punjab Medical Council’s decision in a case of alleged medical negligence that led to his wife’s death. However, his appeal was rejected with a letter dated February 21, 2024, citing an October 2021 EMRB decision that only medical professionals can appeal. Activists noted that the rejection letter was nearly identical to a March 2022 letter issued to another patient, with only names and dates changed.

Activists Call for Transparency
RTI activist and ophthalmologist Dr. KV Babu criticized the NMC’s casual approach, questioning how a decision was taken when the EMRB is vacant. He emphasized the need to restore patients’ right to appeal, as affirmed by the Supreme Court.

The incident has fueled concerns over transparency and accountability in medical regulatory bodies, with activists calling for urgent reforms in the NMC’s appeal process.

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