A Landmark Decision for Patients’ Rights
In a significant victory for patients’ rights, the National Medical Commission (NMC) has decided to entertain appeals from patients against doctors’ decisions. For nearly five years, the NMC has dismissed such appeals, insisting that only doctors could appeal against the rulings of state medical councils.
The Change in Policy
The minutes from the NMC meeting on September 23, 2024, reveal this policy shift, indicating that all appeals received by its Ethics and Medical Registration Board (EMRB) will now be considered. If state councils fail to act on complaints from non-medicos (patients and their families), the EMRB may step in to resolve the issues.
Previously, the NMC cited section 30(3) of the NMC Act 2019 to justify its refusal to hear patients’ appeals. However, Dr. KV Babu, an ophthalmologist and RTI activist, argued that patients had the right to appeal under the ethics regulations of 2002, which were established following a Supreme Court order.
Ongoing Challenges and Future Steps
Despite the health ministry’s draft of the National Medical Commission (Amendment) Bill 2022, which included provisions for patient appeals, the bill has not progressed. The NMC’s attempt to introduce a new ethics code in August 2023 faced backlash, leading to the continuation of the 2002 regulations.
Dr. Babu emphasized that the NMC’s past rejection of patient appeals was illegal, and he expressed relief that this decision has finally been overturned.
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In conclusion, this pivotal decision by the NMC marks a crucial step forward in ensuring that patients’ voices are heard and respected within the medical framework in India.
