Why Patients’ Appeals in Medical Negligence Cases Are Being Rejected by National Medical Commission
- Sunil Khattri
- Sep 13
- 2 min read
In India, patients and their families who suffer due to medical negligence already face an uphill battle for justice. But a recent case shows how even the limited avenues available to them are being blocked, leaving victims without proper recourse.
When the Right to Appeal Was Ignored
(The Case That Highlighted Concern)
The National Medical Commission (NMC) — India’s apex medical regulator — had decided in September 2022 that not only doctors but also patients can file appeals before its Ethics and Medical Registration Board (EMRB) against decisions of State Medical Councils.
This was an important step because medical negligence complaints often start with the State Medical Councils, and if these Councils dismiss a complaint , patients or their relatives should have the right to challenge an adverse decision. Right to appeal is a basic right.
However, in February 2023, the EMRB rejected a patient’s appeal from Punjab on the grounds that only medical practitioners could appeal. This is not only contrary to the NMC’s own decision but also to a 2002 Supreme Court ruling that clearly upheld patients’ right to appeal.
Systemic Gaps in the Medical Grievance Process
Contradictory Decisions : While the NMC resolved in 2022 to allow patient appeals, its board continues to reject them giving a reference to Section 30 subsection 3 of NMC Act, 2019.
Copy-Paste Orders : The rejection letters sent to patients appear to be copied from old cases, suggesting a mechanical process rather than a careful review.
Ignored Complaints : The NMC had promised that if any State Medical Council does not decide a complaint within six months , the EMRB would take over the complaint from the State Medical Council and decide the complaint — but this is not happening in actual practice.
Why This Affects Every Patient
Patients and families who have lost loved ones or suffered due to alleged negligence committed by a doctor , are being denied an appeal. This adds another layer of injustice. It shows a system that is tilted towards protecting doctors rather than upholding patient rights.
It also undermines public trust in regulatory bodies meant to ensure accountability in the medical profession.
The Way Forward
This case is not about one family alone — it reflects a systemic problem. Without urgent reforms, more patients will be denied justice.
What is needed is:
Victims aggrieved by the decision of the State Medical Council should have a right to file an appeal.
Transparent timelines for handling appeals,
Accountability for State Medical Councils that fail to act, and
Transparency, fairness and equity in all decisions by Medical Councils.
How We Can Help
We are a team of Medical Negligence lawyers dedicated to supporting patients and families facing such challenges. If you or your loved ones have been denied justice in a medical negligence case, we are here to guide you through the legal process, file appeals, and ensure your voice is heard.
Reach out to us, you do not have to fight this battle alone.
The Author :
Dr. Sunil Khattri
+91 9811618704
Dr Sunil Khattri MBBS, MS(General Surgery), LLB, is a Medical doctor and is a practicing Advocate in the Supreme Court of India and National Consumer Disputes Redressal Commission, New Delhi.