The National Medical Commission (NMC) finds itself at the center of a controversy regarding patients' rights to file complaints against doctors. While the government asserts that the NMC rules permit such complaints, the commission itself has reportedly been rejecting appeals from patients, leading to confusion and frustration.
The discrepancy stems from differing interpretations of the NMC Act and its implications for patient redressal. NMC allows patients to complain against doctors, yet to formalise decision. The NMC Act 2019, which is still in effect, stipulates that only medical professionals can lodge complaints with the State Medical Councils (SMCs) and subsequently appeal to the Ethics and Medical Registration Board (EMRB) if dissatisfied. This provision seemingly excludes patients from directly filing appeals.
However, according to the 2002 regulations, patients possessed the right to appeal against doctors with the SMCs if there was any deficiency in treatment or if they felt there was some negligence or misjudgement. The practice continued till 2019, when the NMC Act came into effect.
Despite the current Act, wider discussions were held with all stakeholders in a meeting in 2023. It was decided by the Commission that just because that line patients can appeal is not there in the NMC Act that does not construe they cannot appeal to the NMC. So it was decided that even patients can have the right to appeal against doctors to the SMC and if not satisfied with decisions of SMC they can appeal to the NMC.
This divergence between the Act's wording and the commission's actions has resulted in a situation where the ethics section of the NMC has been dismissing appeals filed by patients, citing that only doctors are authorized to file appeals. This stance contradicts the government's position and raises questions about the NMC's commitment to patient welfare.
To rectify this ambiguity, necessary amendments in the NMC Act still need to be done to formalise the decision. The NMC is expected to hold meetings with the SMCs and other stakeholders to develop standard operating procedures (SOPs) for patients on how to appeal against doctors until the provision is formalized. The health ministry had also included a provision for patients to appeal in the draft NMC (Amendment) Bill 2022, indicating a recognition of the need to address this issue.
The NMC has also provided guidelines for lodging complaints against officials belonging to the National Medical Commission. However, the NMC does not entertain anonymous complaints. Complaints must be brief and contain factual details, verifiable facts and related matters. The vigilance angle comprises of misuse of official position, demand and acceptance of illegal gratification, cases of misappropriate/forgery or cheating, gross and willful negligence, blatant violation of laid down systems and procedures, reckless exercise of discretion, delay in processing the cases etc.
For complaints against a registered medical practitioner, the person aggrieved by the decision of the State Medical Council on any complaint against a delinquent physician, shall have the right to file an appeal to the NMC within a period of 60 days from the date of receipt of the order passed by the said Medical Council.
The ongoing debate highlights the need for clarity and consistency in the NMC's regulations regarding patient complaints. Ensuring that patients have a clear and accessible pathway to voice their grievances and seek redressal is crucial for maintaining trust in the medical profession and upholding the principles of patient-centered care.
