In a reply to an RTI query, the Union Ministry of Health and Family Welfare revealed that they are considering new guidelines for determining medical negligence cases. The agency stated that the decision was taken after considering the long-term demand of the healthcare sector, although no guidelines have been framed as of now.

Mr. Sunil Kumar Gupta, the undersecretary in the ministry’s medical education policy section, stated that no guidelines have been framed so far, but the matter is under consideration. He also added that it has been more than 17 years since the Supreme Court ordered the Center to create statutory rules in consultation with the Medical Council of India (MCI), the countrys then-regulator of medical education, to address medical negligence cases.

Several legal and medical experts have agreed that a strong legislative framework will not only safeguard patients interests but also prevent violence against medical professionals. As a stopgap measure, the apex court established a set of rules that required the investigating officer to seek an independent and qualified medical opinion before taking legal action against a doctor who was allegedly guilty of an impulsive or careless act or omission.

According to Prof. Dr. JA Jayalal, the current secretary of the Commonwealth Medical Association and former national president of the IMA, after the Supreme Court ruling in the Jacob Matthew case in 2005, the Indian Medical Association (IMA) made a number of petitions, first to the MCI and subsequently to the NMC.

Dr. JA Jayalal stated that the IMA is requesting the union government establish a separate medical tribunal comprised of learned doctors who can deal with negligence cases in a time-bound manner. The association also requested that the government come forward to frame these guidelines, along with the NMC and other medical regulatory bodies.

(Source: https://theprint.in/india/guidelines-on-medical-negligence-under-consideration-says-union-health-ministry/1441701/ )