New Delhi: The Central Government currently has no proposal to establish a special tribunal to handle cases of medical negligence, Union Minister of State for Health, Smt. Anupriya Patel, informed Parliament recently.
However, she emphasized that under the Medical Council of India (Professional Conduct, Etiquette and Ethics) Regulations, 2002, complaints regarding professional misconduct by medical practitioners can be addressed by the appropriate State Medical Council, which has the authority to take disciplinary action, including removing a doctor’s name from the medical register.
Government’s Position on Medical Negligence Cases
Smt. Patel’s response came after Rajya Sabha MP Dr. Ajeet Madhavrao Gopchade raised concerns about:
✔️ Oversight of treatment protocols in government hospitals
✔️ Rising cases of medical negligence in both public and private hospitals
✔️ The need for a special tribunal for fair and scientific resolution of such cases
In her reply, the Minister stated that health is a State subject, and it is primarily the responsibility of State and Union Territory (UT) governments to:
🔹 Monitor treatment protocols in government hospitals
🔹 Ensure affordable and quality healthcare for underprivileged individuals
🔹 Address medical negligence cases in both government and private hospitals
She also clarified that the Central Government does not maintain records of medical negligence cases but forwards complaints to concerned State/UT authorities for action.
Regulatory Framework for Medical Establishments
The Government of India has enacted the Clinical Establishments (Registration and Regulation) Act, 2010 (CE Act) and notified the Clinical Establishments (Central Government) Rules, 2012 (CE Rules) to regulate both government and private healthcare institutions.
Under this framework:
✔️ Hospitals must adhere to minimum service standards
✔️ Standard Treatment Guidelines (STGs) issued by Central/State Governments must be followed
✔️ Non-compliance can lead to cancellation of hospital registration
However, the CE Act applies only to States/UTs that have adopted it. Others regulate hospitals through their own State laws.
Existing Mechanism for Medical Negligence Cases
While no special tribunal is planned, complaints against medical professionals can still be addressed under existing regulations:
✅ State Medical Councils can investigate and take action against doctors
✅ National Medical Commission (NMC)’s Ethics and Medical Registration Board (EMRB) hears appeals against State Medical Council decisions
✅ Doctors found guilty of misconduct can face temporary or permanent removal from medical practice
Conclusion
The Government does not plan to create a special tribunal for medical negligence cases, relying instead on existing medical councils and regulatory bodies to handle complaints. However, concerns over rising medical negligence cases remain, prompting discussions on stronger oversight and regulatory enforcement at both State and Central levels.
