NMC Data Reveals Lopsided Appeal Handling: 256 Patient Appeals Rejected Since Inception
In a significant disclosure through a Right to Information application, the National Medical Commission has revealed stark statistics about its appeal handling process. The data shows that from its establishment in September 2020 until January 2026, the commission has taken up 185 appeals filed by doctors against decisions of state medical councils. In stark contrast, during the same period, the commission has returned 256 appeals filed by patients seeking redressal against medical council rulings.
Health Ministry Directs NMC to Reconsider Patient Appeal Policy
This revelation comes at a time when the Union Health Ministry has specifically asked the commission to reconsider its stance on hearing appeals from patients and their relatives. The ministry's intervention follows persistent complaints about the systematic rejection of patient appeals, which has raised serious questions about access to justice in medical negligence cases.
The ministry's policy division recently responded to a complaint filed by RTI activist and ophthalmologist Dr. KV Babu, who has been diligently tracking the issue of rejected patient appeals. In its response, the ministry has directed the NMC to "take necessary action in accordance with the law" regarding the consideration of patient appeals.
Controversial 2021 Decision Under Scrutiny
Dr. Babu's complaint specifically highlights what he calls an "illegal decision" taken by NMC members in 2021. In October of that year, NMC's Ethics and Medical Registration Board decided that, in keeping with their interpretation of the NMC Act, 2019, "only medical practitioners or professionals should be allowed as appeals before EMRB."
This interpretation has been particularly controversial because Section 30(3) of the NMC Act states that medical professionals aggrieved by state council decisions can appeal, but contains no explicit provision barring patients from filing appeals. Critics argue that the EMRB inserted the restrictive word "only" into its reading of the section during its October 2021 meeting, effectively creating a barrier that doesn't exist in the legislation itself.
Systematic Rejection of Patient Grievances
Dr. Babu provided detailed analysis showing that since NMC's formation, the commission has been rejecting approximately one patient appeal every week, totaling 256 rejections over more than five years. He emphasized that "there is no explicit provision in NMC Act which bars the hearing of appeals from the public" and noted that the act actually mandates NMC to adopt earlier statutory provisions of the Medical Council of India.
The activist further revealed that despite a 2024 agreement during the 16th meeting of NMC that all appeals received by EMRB would be entertained, the board has continued to reject patient appeals. This contradiction between policy decisions and actual implementation has raised serious concerns about procedural consistency and transparency.
Pending Amendments Could Resolve the Issue
A potential solution exists in the form of draft amendments to the NMC Act that were put in the public domain by the health ministry in December 2022. These amendments contain a specific provision that explicitly provides for the public to file appeals before NMC's EMRB against decisions of state councils in complaints related to medical negligence or professional misconduct.
Documents obtained through RTI show that this amendment was approved in 2023, but the file has remained stagnant since then, creating uncertainty about when or if these crucial changes will be implemented. The delay in enacting these amendments has left patients in a legal limbo, unable to seek proper redressal for their grievances against medical professionals.
Broader Implications for Healthcare Accountability
The current situation raises fundamental questions about:
- Access to justice for patients in medical negligence cases
- Transparency in medical regulatory processes
- The balance between protecting medical professionals and ensuring patient rights
- The implementation gap between policy decisions and ground reality
As the health ministry's intervention demonstrates, there is growing recognition at the highest levels that the current system may need recalibration to ensure fair treatment for all stakeholders in the healthcare ecosystem. The coming months will be crucial in determining whether meaningful changes will be implemented to address what many see as a significant imbalance in the appeals process.
