Madras High Court: Order to NMC, make clear list of ‘professional misconduct’ for disciplinary action

Agency, Chennai

Published by: Dev Kashyap
Wednesday, 27 October 2021 06:24 AM Updated to IST

Summary

The report of the Inquiry Committee on the Board of Discipline of the State Medical Council, Ethics and Medical Registration Board shall be final and compliant to ensure that disciplinary action is taken without any defects. If the doctor is found guilty in the report, the officer can decide on the punishment.

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The Madras High Court on Tuesday issued 12 guidelines to be included in the new regulations framed under the National Medical Council (NMC) Act, 2019 to effectively address complaints against doctors.

The guidelines were issued by Justice R Mahadevan on May 4 this year, setting aside orders of the Tamil Nadu Medical Council banning gastroenterologist Dr P Basumani from practicing for six months. The bench said that the duties of a registered medical practitioner should be clarified.

In addition to the general duties and responsibilities expected of a doctor, certain duties and responsibilities should also be listed as ‘professional misconduct’ in the event of a breach. After that, the entire process from filing the complaint on behalf of the victim to it should be submitted step by step by state.

The report of the Inquiry Committee shall be final and adhered to by the Board of Discipline of the State Medical Council, Ethics and Medical Registration Board to ensure that disciplinary action is taken without error. If the doctor is found guilty in the report, the officer can decide on the punishment.

Opportunity for the two sides to discuss
The State Medical Council, the Ethics and Medical Registration Board, may, on occasion, issue a showcause notice to the offending physician seeking a detailed explanation within the prescribed timeframe. Based on the resolution, an inquiry committee consisting of experts should be set up, after which a notice should be issued to the doctor facing the allegations and both parties should be given ample opportunity to express their views.

If the complainant is chained by the police, will his faith be in the system?
‘If people who come to the police station to lodge a complaint are chained .. will the system be trusted?’ The Kerala High Court on Tuesday asked the police the question. The police officer was amazed that a case of obstruction of work was also registered against this citizen! Justice Devan Ramachandran, who heard the petition, asked, “If there is such a situation, why do people only want to come to the police station?” The petitioner requested the court to release the two police officers from extortion. One of the officers took him to the police station for his complaint receipt.

Expansion

The Madras High Court on Tuesday issued 12 guidelines for inclusion in the new regulations framed under the National Medical Council (NMC) Act, 2019 to effectively address complaints against doctors.

Justice R Mahadevan issued the guidelines on May 4 this year, setting aside orders of the Tamil Nadu Medical Council banning gastroenterologist Dr P Basumani from practicing for six months. The bench said that the duties of a registered medical practitioner should be clarified.

In addition to the general duties and responsibilities expected of a doctor, certain duties and responsibilities should also be listed as ‘professional misconduct’ in the event of a breach. After that, the entire process has to be submitted step by step from filing the complaint on behalf of the victim till then.

The report of the Inquiry Committee shall be final and adhered to by the Board of Discipline of the State Medical Council, Ethics and Medical Registration Board to ensure that disciplinary action is taken without error. If the doctor is found guilty in the report, the officer can decide on the punishment.

Opportunity for the two sides to discuss

The State Medical Council, the Ethics and Medical Registration Board, may, on occasion, issue a showcause notice to the offending physician seeking a detailed explanation within the prescribed timeframe. Based on the resolution, an inquiry committee consisting of experts should be set up, after which a notice should be issued to the doctor facing the allegations and both parties should be given ample opportunity to express their views.

If the complainant is chained by the police, will his faith be in the system?

‘If people who come to the police station to lodge a complaint are chained .. will the system be trusted?’ The Kerala High Court on Tuesday asked the police the question. He was amazed that a case was also registered against this citizen for obstructing the work of a police officer! Justice Devan Ramachandran, who heard the petition, asked, “If there is such a situation, why do people only want to come to the police station?” The petitioner requested the court to release the two police officers from extortion. One of the officers took him to the police station for his complaint receipt.

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