Question : Medical Negligence

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

(a) the number of complaints regarding medical negligence received during the last three years and the details of action taken thereon;

(b) whether the Government is planning to set up a special empowered medical tribunal for quick redressal of disputes and complaints related to policy, service quality, service ethics, negligence and inappropriate behaviour as well as issues related to confidentiality and privacy for protection of rights of patients;

(c) if so, the details thereof;

(d) the total number of hospitals and doctors found guilty of professional misconduct during the last three years so far and the steps taken by the Government against those hospitals and doctors, State/ UT-wise; and

(e) the other measures being taken by the Government to deal with complaints of medical negligence?

ANSWER
THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND
FAMILY WELFARE
(SHRI ASHWINI KUMAR CHOUBEY)
(a): The details of the complaints received by the Medical Council of India (MCI) is as under:
2015 2016 2017
Total complaint received 154 164 117
Complaints refer to the State Medical Councils 83 98 65
Complaints disposed off 51 24 15
Complaints tabled before the Ethics Committee 20 42 37

(b): No.

(c): Does not arise.

(d) & (e): MCI with the prior approval of the Central Government has notified Indian Medical Council (Professional Conduct, Etiquette And Ethics) Regulations, 2002 to prescribe standards of professional conduct and etiquette and code of ethics for medical practitioners. The MCI or the appropriate State Medical Councils have been empowered to take disciplinary action against a doctor for violation of the provisions of the aforesaid Regulations. As and when complaints are received against the violation of code of ethics for doctors, such complaints are referred by MCI to the concerned State Medical Councils where the doctors/medical practitioners are registered. The MCI is an Appellate Authority.

The details of action taken by the MCI in the last three years against the doctors found guilty of professional misconduct are at Annexure. Since, health is a State subject, the complaints against hospitals are to be dealt by the respective State.

Further, the Central Government has enacted the Clinical Establishments (Registration and Regulation) Act, 2010 and notified Clinical Establishments (Central Government) Rules, 2012. These provide for registration and regulation of Clinical Establishments including those in the private sector. The Act is currently applicable in ten States and all UTs except Delhi. The enforcement of the said Act also falls within the ambit of the States / UTs.