The National Medical Commission (NMC) has formally decided to empower patients and their families to file complaints against doctors for alleged medical negligence or misconduct, marking a pivotal shift in medical accountability. This decision, taken during a commission meeting on September 23, 2024, overturns the 2021 policy that restricted appeals to medical professionals only.
Key Updates:
- Patients can now appeal to the NMC’s Ethics and Medical Registration Board (EMRB) if dissatisfied with rulings by State Medical Councils (SMCs).
- The move aligns with Regulation 8.8 of the 2002 Ethics Code, which permitted complaints against doctors for negligence but was sidelined after the NMC Act, 2019 excluded patients from the appeals process.
- While the decision awaits formal amendments to the NMC Act, the commission plans to draft SOPs with SMCs to guide patients on filing appeals.
Just because the line "patients can appeal", isn’t in the NMC Act doesn’t mean they can’t. We’ve resolved to uphold their right to seek accountability, said Dr. B Srinivas, NMC Secretary.
Background:
The NMC Act, 2019, initially limited appeals to medical professionals, leading to widespread criticism. In 2022, the Health Ministry proposed amendments to include patients, but delays persisted. An August 2023 gazette notification temporarily revived the 2002 Ethics Regulations, allowing complaints until new rules are formalized.
The NMC aims to balance patient rights with ethical medical practice, emphasizing accountability, while complaints may rise due to new redressal avenues.
Pending legal amendments, it will collaborate with SMCs to streamline complaint mechanisms, underscoring equitable healthcare and the importance of meticulous documentation for doctors.
