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(Bihar Times) In the most shameful display of fleecing money from the hapless victims of medical negligence, the Medial Council of India (MCI) has started imposing an unbelievable fee of Rs. 10,000 (ten thousand) against the victims for filing an appeal to challenge the rejection of their complaint against the negligent doctor/hospital by the respective state medical council. The Sections 8.7 and 8.8 of the MCI “Code of Ethics and Regulations” provide the rights to the ordinary citizens to file an appeal to the MCI against the state medical council if the council delays to dispose of the complaint against a delinquent doctor for more than 6 months (Section 8.7) or if they dismiss the complaint altogether (Section 8.8). These rules are also available at the MCI website at WWW.MCIINDIA.ORG. It is pertinent to note that these two important laws were included in the MCI “Code of Ethics and Regulations” in 2004 at the direction by the Supreme Court only as a result of a historic public interest litigation (PIL) that was fought by the PBT against the MCI since 2000 (SC Writ Petition Civil No. 317/2000).
By unilaterally imposing an enormous filing fee, the MCI has assured that hardly anybody would be able to file appeal under the Sections 8.7 and 8.8. Numerous victims of medical negligence have come to us seeking justice after the state medical council rejected their complaint and the MCI refused to entertain their appeal (under Sections 8.7 and 8.8) until they pay the hefty fee of Rs. 10,000/-, with little hope to win in the end. The brazen decision by the MCI to start charging this huge filing fee is obviously illegal. It has come to our notice that the Ministry of Health has already asked the MCI not to charge any fee from the ordinary people for filing appeal under the Section 8.7 and 8.8 (letter attached; MH&FW Let-1). In fact, we have also obtained recent communication from the Ministry of Health (MH&FW) in which the Ministry of Health has categorically stated that the MCI move is illegal and that the “Government of India has not given any approval to MCI to charge Rs. 10,000/- for filing an appeal” (letter attached; MH&FW Let-2).
We have filed an urgent “memorandum” today to the Central Health Ministers seeking their urgent intervention and demanding immediate action against the MCI to stop taking money from the victims of medical negligence for filing appeal under the Sections 8.7 and 8.8. A copy of our “memorandum” submitted to the MH&FW is also attached. Unless the Health Ministry is taking imminent action against MCI in this regard, PBT will bring another PIL before the Apex Court against this brazen stance of the MCI to deny justice from the hapless victims of medical malpractice. Please contact PBT main office in Kolkata (Secretary Mr. Malay Ganguly, Tel: 9432354586 OR 9831783120) for more information. Also feel free to contact me directly in the USA at the numbers below. Thank you.
Dr. Kunal Saha
President, PBT
Columbus, Ohio, USA
comments...
It is disgraceful and illegal to charge an aggrieved patient to hear his complaint. In a country where 78% people earn less than a dollar a day, one wonder as to where these poor are going to find Rs. 10,000 to file an appeal. Is it not a measure by MCI to protect doctors who do wrong ? In normal circumstances, there is no easily accessible complain hearing mechanism in India as we have General Medical Council in UK. The result is instant justice meted out to errant, arrogant, non-apologizing doctors. The newspapers are replete with news of physical assaults suffered by doctors. Here in UK when an aggrieved patient lodge a complain to GMC, the council arrange all help, including legal help t the patient. It also meet certain expenses too. It is really disgusting that MCI has taken this step.
Dr. A Kumar
Norfolk, UK
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