The National Medical Commission (NMC) has reiterated that patients or their kin have no right to appeal against State Medical Councils’ (SMC) decisions over alleged medical negligence cases. This has prompted a section of doctors to seek legal recourse. In a letter dated September 1, the commission’s stance was communicated to the Union Ministry of Health and Family Welfare by its Ethics and Medical Registration Board (EMRB) in reply to a mail sent by Kannur-based ophthalmologist, Dr. K.V. Babu. In the letter to the Ministry, it was pointed out that only a medical practitioner or professional who is aggrieved by any action taken by SMCs under sub-section (2) may prefer an appeal to the board against such action.

The NMC in its meeting held on October 6, 2021, iterated that the appeals by "only medical practitioners or professionals" should be allowed before the board under Section 30(3) of the National Medical Commission Act, 2019, and "patients should not be allowed to file an appeal before EMRB" under the same section. On the other hand, the letter added that all the appeals of non-medical practitioners or professionals which were filed on or after all the provisions of the Act were implemented should be returned, with effect from September 25, 2020.

Earlier, on March 9, the EMRB had told the petitioner, Mrs. Ritu Verma of Haryana, that the appeals filed by non-medical professionals to the NMC were "nonmaintainable" after she approached the commission following her husband’s death at a Faridabad hospital due to alleged medical negligence.

In his letter, Dr. Babu urged the Ministry to waive Section 45 of the NMC Act. He pointed out that the commission’s stand was illegal and against the spirit of the Supreme Court’s judgment of 2003. Because, as per the SC judgment, the clauses protecting the patient’s right to appeal that were included in the erstwhile Medical Council of India’s Ethics Regulations are still valid. He also added that continuously holding their stance even after a group of doctors has submitted all the legal documents related to court judgments is a clear offense and contempt of the Supreme Court. Thus, this decision will be subjected to judicial scrutiny. Further, Dr. Babu stated that a group of doctors, including him, is planning to file a case.

(Source: https://www.thehindu.com/news/national/kerala/patients-have-no-right-to-appeal-reiterates-nmc/article65849335.ece )