Answer By law4u team
Yes, a patient can approach the appropriate medical regulatory authority to seek justice in cases of medical negligence, unethical behavior, or professional misconduct by a doctor. However, since the Medical Council of India (MCI) has been replaced by the National Medical Commission (NMC) in 2020, complaints are now handled by the relevant State Medical Council (SMC) or by the Ethics and Medical Registration Board (EMRB) of the NMC. 1. Background: The Medical Council of India (MCI) was the statutory body earlier responsible for maintaining professional standards and registering medical practitioners in India. It was replaced by the National Medical Commission (NMC) through the National Medical Commission Act, 2019. The NMC operates at the national level, while State Medical Councils handle complaints at the state level. 2. Where to File the Complaint: Depending on the case, a patient can file a complaint with: State Medical Council (SMC): If the doctor is registered in a particular state, the complaint should be submitted to the concerned State Medical Council. These councils have the authority to investigate and take disciplinary action. Ethics and Medical Registration Board (EMRB) – NMC: If the patient is not satisfied with the SMC’s decision, or if the matter involves doctors registered at the national level, an appeal can be filed with the EMRB. 3. Grounds for Complaint: A patient may approach the council for issues such as: Medical negligence or incompetence Misdiagnosis or failure to provide standard care Unethical practices (e.g., unnecessary surgeries, lack of informed consent) Violation of professional conduct rules Charging exorbitant or hidden fees 4. Procedure to File a Complaint: Write a formal complaint describing the incident, nature of the negligence/misconduct, and the harm suffered. Include supporting documents: prescriptions, medical records, bills, test results, photographs (if any), and the names of involved parties. File it to the State Medical Council where the doctor is registered, either physically or through their official website if available. Some State Councils accept online complaints with scanned documents. 5. What Happens Next: The Council may conduct a preliminary inquiry to verify the complaint. If prima facie evidence exists, it will initiate a detailed investigation. Both parties (complainant and doctor) will be given an opportunity to present their case. After examining the facts, the council can: Issue a warning or reprimand. Suspend or cancel the doctor's license for a period. Dismiss the complaint if not found valid. 6. Other Legal Remedies (Parallel Options): A patient may also: File a consumer complaint in a Consumer Forum for compensation under medical negligence. File a civil suit for damages. Lodge an FIR if there’s gross criminal negligence. Summary: Yes, a patient can seek justice by filing a complaint with the relevant State Medical Council or the National Medical Commission’s Ethics Board. These bodies investigate allegations of medical misconduct and can take disciplinary action against erring doctors. Parallel remedies are also available through consumer courts and civil/criminal proceedings.
