In a significant development concerning patient rights and medical accountability, the National Medical Commission (NMC) has recently made a pivotal decision regarding appeals against rulings by State Medical Councils (SMCs). This decision, made on September 23, 2024, during the 16th meeting of the NMC, involves overturning the previous stance where the commission rejected appeals from patients and their relatives against decisions made by the SMCs.

Previously, the NMC, which replaced the Medical Council of India (MCI) in September 2020, had maintained that only medical practitioners had the legal right to challenge the decisions of state medical councils. This position was based on Section 30(3) of the NMC Act, 2019, which explicitly allows medical professionals to appeal against SMC decisions but remains silent on a similar right for patients. Consequently, the Ethics and Medical Registration Board (EMRB) under the NMC had been rejecting appeals from non-doctors, leading to widespread criticism from patient advocacy groups and calls for greater transparency and fairness in the grievance redressal process.

However, the recent decision marks a significant shift in the NMC's approach. The commission has now agreed that the EMRB will entertain all appeals received, including those from patients and their families. Furthermore, the NMC has stated that in cases where SMCs fail to take action on complaints filed by non-medicos, even after reminders, the EMRB may intervene and resolve the matter directly. This move is seen as a crucial step towards improving transparency and accountability in the medical sector, ensuring that patients have a voice and a recourse when they believe they have been victims of medical negligence or misconduct.

The decision has been welcomed by legal and medical experts, who view it as a broader interpretation of the law in favor of patient rights. Health activist Dr. KV Babu, who obtained the minutes of the NMC meeting through a Right to Information (RTI) application, expressed his satisfaction, stating that patients have the right to appeal against SMC decisions under ethics regulation 2002.

Despite this landmark decision, questions remain regarding the potential legal challenges and how state medical councils will adapt to this change. The NMC is expected to release more details once the decision is officially published. It remains to be seen how the NMC will ensure a quick and transparent appeal process and prevent frivolous complaints against doctors. Clear guidelines for both patients and doctors will be essential to ensure that the new system works effectively and fairly.