In response to a Right to Information (RTI) request, it was revealed that the Union Ministry of Health and Family Welfare has taken into account a long-standing request from the healthcare industry to establish standards for judging cases of medical negligence.
The Ministry responded to a request made under the RTI Act on behalf of PTI by saying that although there isn’t a policy at the moment, the issue is being considered.
“As of now, no rules have been established. According to Sunil Kumar Gupta, Under Secretary in charge of the Ministry’s medical education policy division, it is being taken into consideration.
In response to a query from PTI asking for information about “whether the Union Health Ministry has framed any guidelines to handle cases of medical negligence in the country,” Mr. Gupta, who is also the Central Public Information Officer, provided a written response.
More than 17 years have passed since the Jacob Mathew case in 2005, when the Supreme Court for the first time ordered the Center to create statutory rules in collaboration with the Medical Council of India (MCI), the country’s then-regulator of medical education, to address cases of medical negligence that affect both patients and doctors.Â
Medical professionals are harassed by baseless accusations and malicious proceedings, while patients must run from pillar to post to obtain justice against negligent doctors. A proper legal framework, in the opinion of legal and medical experts, will not only safeguard patients’ interests but also prevent cases of violence against doctors.
The apex court had established guidelines as a stopgap measure, mandating that the investigating officer seek an impartial and qualified medical opinion before taking legal action against a doctor who is allegedly guilty of an impulsive or negligent act or omission.
The recommendations state that it is preferable for the opinion to come from a physician who is employed by the government and qualified in that area of medical practice and who can typically be counted on to provide an impartial and unbiased opinion.
‘Unfortunately, this instruction has not been followed. The state medical councils are contacted by the investigating officers because they are unsure who to speak with.
Ajay Kumar Agarwal, a Delhi Supreme Court attorney who specializes in medical malpractice claims, stated that this causes legal disputes because unhappy patients believe that asking the state medical councils for their opinion constitutes a conflict of interest.
Medical professionals lamented the delay as well, saying that it demonstrates governments’ indifference.
On October 31, 2017, the MCI passed a resolution for the first time recommending to the government the creation of medical boards comprised of physicians with specific medical specialties.
In a letter sent to the Union Health Ministry on September 29, 2021, the National Medical Commission (NMC), which succeeded the MCI, suggested the structure, terms of office, and operations of such medical boards at the district and state levels.
In its communication, the NMC stated that the prosecuting/investigating agency could continue the case in accordance with the law after receiving the District/State medical board’s recommendation.
Government priorities place the least emphasis on health. The Madras High Court received a petition asking it to order the medical regulator to handle it first. The court granted the petition, but Mr. Jayalal noted that the preliminary stages of the work are still ongoing.
“The IMA stands for asking the government to set up a separate medical tribunal made up of knowledgeable doctors to handle such cases in a time-bound manner,” says the organization. Additionally, it calls for the Government of India to proactively develop these guidelines in consultation with the NMC and other medical regulatory bodies,” he continued.
