NMC overrules SC’s and its own determination, rejects patient’s appeal | India News

Despite the National Medical Commission (NMC) deciding in September final yr that not solely medical doctors, however sufferers can also appeal to the Ethics and Medical Registration Board (EMRB) towards selections of state medical councils, on February 21 the EMRB rejected the appeal of a affected person from Punjab.
Incidentally, the EMRB is completely vacant for the reason that tenure of all members got here to an finish final yr, elevating the query of who rejected the appeal.
From Sept 2020, when the NMC was constituted, a whole bunch of affected person appeals have been rejected saying that NMC Act allowed solely medical doctors to appeal. This is regardless of the sufferers’ proper to appeal being upheld by a Supreme Court order in 2002.
NMC is in a shambles, such an off-the-cuff strategy is stunning: Activist
However, the minutes of the sixteenth assembly of NMC held on Sept 29 final yr, obtained by means of RTI in Jan acknowledged: “NMC had agreed that all appeals received by EMRB will be entertained.” The minutes have been accepted by Dec.
Further, as regards motion not being taken by state medical councils on complaints filed by non-medicos even after issuance of reminders by the boards. It was determined to ship a communication by EMRB to state medical councils to finish the method in a time certain method. In case of failure by the involved SMC to behave upon, EMRB might take over the criticism matter from SMC and dispose the identical. This is famous by EMRB, and board will proceed additional accordingly.”
Gokul Chand Aneja from Punjab’s Amritsar filed an appeal dated Jan 30 towards the choice of Punjab Medical Council, in a case of alleged medical negligence which led to his spouse’s dying. He acquired a letter from NMC dated Feb 21 rejecting his appeal stating that EMRB had determined in Oct 2021, that in line 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 affected person from Haryana’s Faridabad. The letter from EMRB rejecting the appeal of Aneja seems to be a copy-paste of the letter issued in March 2022 with only a change in dates, title of recipient and so forth.
“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,” stated Dr KV Babu, ophthalmologist and RTI activist who has been preventing since 2022 to get the fitting of sufferers to appeal restored.