“NMC Rejects Patients’ Appeals on Medical Negligence for Five Years; Health Ministry Steps In to Examine Issue”

The National Medical Commission (NMC), India’s apex medical regulatory body, has for five years consistently rejected patients’ appeals against doctors related to medical negligence and professional misconduct. Data obtained through Right to Information (RTI) applications reveal that till June 2025, the Ethics and Medical Registration Board (EMRB) of the NMC dismissed 162 patient and family appeals. This practice disregards the ethics regulations of 2002, which explicitly allow patients or aggrieved persons the right to appeal decisions of State Medical Councils (SMCs) concerning medical negligence complaints.

The NMC’s rejection of patient appeals is based on the 2019 NMC Act, specifically Section 30(3), which permits only medical practitioners to appeal against SMC decisions. However, critics point out that the Act does not explicitly bar patient appeals, and the NMC has unilaterally inserted the word “only” to exclude non-medical persons without obtaining legal opinions. This interpretation clashes with previous ethics regulations, which remain in force until replaced, and which afford patients the legal right to appeal.

In response to mounting criticism and multiple representations, the Union Health Ministry, informed by parliamentary queries and RTI requests, stated in September 2025 that the issue is under examination in consultation with the NMC. The Health Ministry acknowledged that the Ethics Board had been misleading parliamentary and ministerial authorities about patients’ right to appeal. Developers in the Ministry have urged the NMC to formalize the policy allowing patient appeals, with draft amendments pending since 2023.

Despite the NMC’s internal decisions in 2024 to entertain all appeals received by EMRB, practical implementation has stalled, with EMRB continuing to reject non-registered medical professional appeals. Advocates for patient rights, including ophthalmologist Dr. K.V. Babu, emphasize that denying patients this right erodes trust in health governance and denies accountability for medical negligence, raising concerns for public health.

This controversy highlights a critical gap in the medical regulatory framework: the balance between protecting medical professionals’ rights and safeguarding patients’ access to justice. While the NMC aims to regulate medical ethics and uphold standards, transparency and inclusivity of patient voices are essential for effective oversight and confidence in healthcare.

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.

References:

• RTI disclosures and reports on NMC patient appeal rejections, Medical Dialogues, September 2025.