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National Medical Commission Act, 2019 - the need for parity
O V Nandimath1, Satish Suhas2, Yogender Malik3
1Professor of Law and Chair Professor (HAL Defence Public Sector undertakings, Business Law), National Law School of India University, Bengaluru, INDIA.
Abstract:
The National Medical Commission (NMC) has replaced the erstwhile Medical Council of India with the intention of bringing about positive reforms in medical education and enforcing ethical standards in the practice of medicine in India. The NMC Act of 2019, under clauses 3 and 4 of Section 30, details the procedure of grievance redressal. However, these clauses in their current form empower doctors and patients unequally. While the Act empowers an aggrieved medical professional to approach the relevant appellate fora under the NMC, it is silent on a similar opportunity for an aggrieved patient or caregiver to appeal against the decision of a State Medical Council. There is a need to amend these clauses to ensure equitable opportunity for aggrieved patients to appeal against decisions of the State Medical Councils to ensure justice.
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