Skip to main content

How &why the Disciplinary Action initiated against doctors ?

Laws governing professional misconduct by doctors

The Indian Medical Council Act, 1956 empowers MCI (Medical Council of India) to make regulations for the professional conduct of doctors. The Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, notified by the MCI in 2002 governs the regulation of professional conduct, ethics, and etiquettes for registered medical professionals.

 Inclusive Definition of Professional Misconduct in the Regulation

The regulation prescribes an inclusive definition of professional misconduct. It means that the regulation does not contain all the instances of misconduct. So, different acts of misconduct given in the regulation are only extensive, not exhaustive. 

off late some hospitals are promoting their services under the guise of widely organizing training sessions and camps to unqualified medical practitioners(quacks),which is also professional misconduct and unethical.

Association with incompetent persons

Enabling an unqualified person to perform an abortion or any illegal operation without any medical, surgical or psychological indication is professional misconduct.

Issuing certificates of efficiency in modern medicine to unqualified or non-medical person constitutes professional misconduct.

i am not elaborating about civil and criminal liability of professional misconduct. only high-lighting the disciplinary action in the purview of state medical councils.

Disciplinary Action

If a medical practitioner is found guilty of professional misconduct by appropriate Medical Council, it may award punishment which includes removal of name from the register of medical practitioner permanently or for a specified period. Deletion from the register is widely publicised through the local press as well as publications of different Medical Associations/Bodies/Societies. During the pendency of the complaint, the council may restrain the physician from performing the procedure or practice under scrutiny.

 Where to file a complaint of professional misconduct by doctors

For medical negligence, Prima facie evidence in the form of a credible opinion given by another competent doctor is needed to support the charge of rashness or negligence on the part of the accused doctor and file an FIR against the negligent doctor.[14]

For imposing civil liability, proceedings can be initiated before an appropriate civil court or consumer forum.

The civil court/consumer court and the criminal court usually refer cases of alleged medical negligence to the medical council to decide whether it is an act of negligence or not.

Any complaint with regard to professional misconduct by doctors can be brought before the appropriate medical council for disciplinary action. Appropriate medical council for this purpose is State Medical Councils.

CODE OF MEDICAL ETHICS REGULATIONS, 2002

(AMENDED UPTO 8th OCTOBER 2016) )
(Published in Part III, Section 4 of the Gazette of India, dated 6th April,2002)
MEDICAL COUNCIL OF INDIA

section 7. MISCONDUCT :

sub section 7.9

Performing or enabling unqualified person to perform an abortion or any illegal operation for which there is no medical, surgical or psychological indication.

sub section 7.10

A registered medical practitioner shall not issue certificates of efficiency in modern medicine to unqualified or non-medical person.

(Note: The foregoing does not restrict the proper training and instruction of bonafide students, midwives, dispensers, surgical attendants, or skilled mechanical and technical assistants and therapy assistants under the personal supervision of physicians.)

section 8. PUNISHMENT AND DISCIPLINARY ACTION

sub section 8.1 It must be clearly understood that the instances of offences and of Professional misconduct which are given above do not constitute and are not intended to constitute a complete list of the infamous acts which calls for disciplinary action, and that by issuing this notice the Medical Council of India and or State Medical Councils are in no way precluded from considering and dealing with any other form of professional misconduct on the part of a registered practitioner. Circumstances may and do arise from time to time in relation to which there may occur questions of professional misconduct which do not come within any of these categories. Every care should be taken that the code is not violated in letter or spirit. In such instances as in all others, the Medical Council of India and/or State Medical Councils have to consider and decide upon the facts brought before the Medical Council of India and/or State Medical Councils.

Draft - National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2022- ( its still a draft. not notified yet by NMC) . 

Section 11/ C :  A RMP is allowed to do public education through media without soliciting patients for himself or the institution. 

section 43.Power of the SMC/EMRB. The SMC and EMRB/NMC shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a complaint against an RMP in respect of the following matters

 What if professional misconduct is established?

The medical council can take following actions if professional misconduct is established during inquiry:-

1.     It may pardon the practitioner.

2.     Pleading guilty with an intention to get less punishment may result in being pardoned or merit a warning.

3.     It can order the practitioner to apologize publicly or to the aggrieved.

4.     It may award a compensation to the complainant.

5.     It may issue a warning to the practitioner.

6.     It may temporarily restrict the doctor from performing certain procedures or seeing certain types of patients.

7.     It may temporarily suspend the license to practice.

8.     It may permanently suspend the license to practice.

9.     It may refer the matter to the police for inquiry under relevant IPC sections [19]

 Appeal and Limitation:

A person aggrieved by the decision of State Medical Council can file an appeal to the Medical Council of India within 60 days from the date of receipt of the order passed by State Medical Council. Further extension may be granted by the MCI if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within 60 days.

 

Comments