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The National Medical Commission (NMC), India’s premier regulatory authority for medical professionals and education, recently marked its fifth anniversary on September 25, 2025. Notably, during these five years, the commission has not heard a single patient appeal—a situation that has raised serious questions and criticism from patient rights advocates, health activists, and legal experts.
Key Developments and Findings
Since the NMC replaced the Medical Council of India (MCI) in 2020, it was mandated to regulate medical education, professional conduct, and ethics with an aim to serve the public interest. Despite numerous patient complaints and appeals filed against doctors, particularly alleging medical negligence, the NMC has systematically rejected these appeals. Official records reveal that at least 162 patient appeals were rejected on grounds of non-maintainability, meaning the appeals were dismissed without a formal hearing.
The core legal justification cited by the NMC centers on Section 30(3) of the NMC Act 2019. This section explicitly allows only medical practitioners or professionals to file appeals against decisions of State Medical Councils (SMCs) before the Ethics and Medical Registration Board (EMRB). Patient and family appeals, therefore, have been declared outside the commission’s jurisdiction, effectively barring patient voices from this appeal forum.
Expert Commentary and Legal Context
Health activist Dr. KV Babu, who has sought transparency through Right to Information (RTI) applications and challenged NMC’s approach, remarked, “NMC appears to be in shambles. It is shocking that decisions rejecting patient appeals are taken without even filling the Ethics Board vacancies or seeking proper legal opinions. The denial of patient appeals is inconsistent with ethical medical governance”.
Further, Clause 8.8 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 still stands in force and explicitly grants any aggrieved person (including patients) the right to file appeals against decisions of State Medical Councils within 60 days. This regulation predates NMC and, according to legal experts, remains valid until replaced. The NMC has acknowledged these ethics regulations but has not enforced them, continuing to reject patient appeals under the claim that the newer NMC Act prevails.
Public Health and Systemic Implications
The current state of patient grievance redressal within the NMC raises concerns about accountability and patient rights in India’s healthcare system. Medical negligence complaints, when dismissed without recourse, undermine public trust in regulatory frameworks designed to protect patients. Experts argue that a robust, transparent, and accessible appeal mechanism is crucial for correcting professional misconduct, promoting ethical medical practices, and ultimately safeguarding public health.
Moreover, the NMC’s failure to appoint chairpersons and presidents for its autonomous boards—vital for proper governance—adds to institutional inefficiency, as these posts remain vacant for extended periods. Lack of transparency and governance vacancies have created an environment where appeals are ignored or returned with generic rejections.
Potential Limitations and Counterarguments
The legal interpretation of Section 30(3) has been cited as the rationale for limiting appeals to medical professionals only, intending to streamline adjudication and avoid frivolous claims. However, this interpretation is contested due to the existing ethical regulations protecting patient appeal rights. The absence of updated amendments to clarify this jurisdictional conflict has left patient appeals in a legal grey area, contributing to what many perceive as systemic injustice.
The NMC has attempted policy shifts, including a 2024 decision to entertain all appeals received by the Ethics and Medical Registration Board. Nonetheless, inconsistencies persist as the EMRB rejected a recent patient appeal from Punjab in February 2025, reinforcing the blockade on patient grievance redressal.
Practical Takeaways for Readers
For health-conscious consumers and patients, this situation underscores the importance of awareness about their rights to complain and seek justice in cases of medical negligence. While current regulatory mechanisms may not effectively support patient appeals, patients are encouraged to pursue complaints through State Medical Councils and consumer courts, and to advocate for greater transparency and reform in medical governance.
Policymakers and medical professionals alike are urged to streamline appeal processes inclusively, ensuring that patient grievances receive fair consideration to maintain trust and safety within the healthcare system.
Medical Disclaimer:
This article is for informational purposes only and should not be considered medical advice. Always consult with qualified healthcare professionals before making any health-related decisions or changes to your treatment plan. The information presented here is based on current research and expert opinions, which may evolve as new evidence emerges.
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