Despite the National Medical Commission (NMC) deciding in September last year that not only doctors, but patients too can appeal to the Ethics and Medical Registration Board (EMRB) against decisions of state medical councils, on February 21 the EMRB rejected the appeal of a patient from Punjab.
Incidentally, the EMRB is totally vacant since the tenure of all members came to an end last year, raising the question of who rejected the appeal.
From Sept 2020, when the NMC was constituted, hundreds of patient appeals were rejected saying that NMC Act allowed only doctors to appeal. This is despite the patients’ right to appeal being upheld by a Supreme Court order in 2002.
NMC is in a shambles, such a casual approach is shocking: Activist
However, the minutes of the 16th meeting of NMC held on Sept 29 last year, obtained through RTI in Jan stated: “NMC had agreed that all appeals received by EMRB will be entertained.” The minutes were approved by Dec.
Further, as regards action not being taken by state medical councils on complaints filed by non-medicos even after issuance of reminders by the boards. It was decided to send a communication by EMRB to state medical councils to complete the process in a time bound manner. In case of failure by the concerned SMC to act upon, EMRB may take over the complaint matter from SMC and dispose the same. This is noted by EMRB, and board will proceed further accordingly.”
Gokul Chand Aneja from Punjab’s Amritsar filed an appeal dated Jan 30 against the decision of Punjab Medical Council, in a case of alleged medical negligence which led to his wife’s death. He received a letter from NMC dated Feb 21 rejecting his appeal stating that EMRB had decided in Oct 2021, that in keeping with NMC Act 2019, “only medical practitioners or professionals should be allowed as (sic) appeals before EMRB”.
In March 2022, NMC had rejected the appeal of a patient from Haryana’s Faridabad. The letter from EMRB rejecting the appeal of Aneja appears to be a copy-paste of the letter issued in March 2022 with just a change in dates, name of recipient etc.
“NMC appears to be in shambles. Who took the decision to reject an appeal when EMRB is vacant? It looks like Aneja’s appeal was rejected by some functionary in the EMRB division who just copied an earlier letter. Such a casual approach is shocking,” said Dr KV Babu, ophthalmologist and RTI activist who has been fighting since 2022 to get the right of patients to appeal restored.