The National Medical Commission (NMC) has decided to accept patient complaints related to medical negligence and professional misconduct, allowing them to appeal against decisions made by State Medical Councils (SMCs). This move marks a shift from existing regulations, though the formal implementation is still pending, officials said.
Current and Past Regulations
Under the 2002 regulations, patients had the right to file complaints with SMCs if they experienced inadequate treatment, negligence, or misjudgment by doctors. However, this changed with the introduction of the National Medical Commission Act in 2019, which limited the right to appeal to medical professionals only, excluding patients from the process.
Recent Developments
In a 2023 commission meeting, discussions were held with various stakeholders, and it was decided that patients should still be allowed to file complaints against doctors. National Medical Commission Secretary Dr. B. Srinivas clarified that just because the current NMC Act does not explicitly mention patients’ rights to appeal does not mean they should be denied the opportunity.
Next Steps
While necessary amendments to the National Medical Commission Act are yet to be made, the commission plans to collaborate with SMCs and other stakeholders to establish Standard Operating Procedures (SOPs) for patients to file appeals until the legal changes are formalized.
Background on Legislative Changes
In response to growing patient grievances, the health ministry had incorporated provisions for patient appeals in the draft NMC (Amendment) Bill 2022. However, the bill has yet to be introduced in Parliament.
For now, the NMC is working on interim guidelines to ensure that patients can appeal against doctors, pending the official amendment of the NMC Act.
