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In a landmark decision, the National Medical Commission (NMC) has decided to allow patients to appeal against rulings of state medical councils. This move is expected to enhance accountability in the medical field and strengthen patient rights across India.
For nearly five years since its formation in September 2020, the NMC had been rejecting such appeals, maintaining that only doctors had the legal right to challenge state medical council decisions. However, minutes from an NMC meeting held on September 23, 2024, obtained through the Right to Information (RTI) Act, reveal that the commission has now reversed its stance.
A New Era for Patient Rights
According to the minutes, the NMC’s Ethics and Medical Registration Board (EMRB) will entertain all appeals received. Furthermore, in cases where state medical councils fail to act on complaints from patients or their families—even after multiple reminders—the EMRB may take over the case and resolve it directly. This could potentially expedite grievance redressal and ensure timely justice for patients.
Previously, the NMC cited Section 30(3) of the NMC Act, 2019, to justify rejecting patient appeals. The section explicitly allows medical practitioners to appeal against state medical council decisions but does not mention a similar right for patients. The latest move indicates a broader interpretation of the law in favor of patient rights and transparency in medical grievance redressal.
Legal and Medical Perspectives
While the decision has yet to be officially announced, legal and medical experts see it as a crucial step toward improving accountability in the healthcare system. However, some legal experts question the move’s feasibility, given the existing provisions of the NMC Act. Concerns have also been raised regarding how state medical councils will adapt to this shift in authority.
Despite these uncertainties, patient advocacy groups have welcomed the decision, calling it a necessary reform to ensure fair medical practices. Many believe that allowing patient appeals will deter medical negligence and enhance trust in the healthcare system.
Awaiting Official Confirmation
More details are expected once the NMC officially publishes its decision. Until then, stakeholders in the medical and legal fields will closely watch the developments and their potential implications for medical governance in India.
Disclaimer: This article is based on information obtained from the Right to Information (RTI) Act and official NMC meeting minutes. The decision has not yet been formally announced by the NMC. Readers are advised to await further official communication from the NMC before drawing definitive conclusions.
