HC to medical council: Protect doctors’ interests

HC to medical council: Protect doctors’ interests

TIMES NEWS NETWORK

Chennai:27.10.2021

While it is the responsibility of the Medical Council to act against doctors found violating code of ethics, the council also owes a duty to protect the medical practitioners, who are rendering yeomen service for the betterment of the general public, from the onslaught of frivolous complaints, Madras high court has said.

Justice R Mahadevan has also suggested a series of guidelines to be included in the new regulation to be framed under National Medical Commission Act.

The suggestion includes altering rules mandating preservation of medical documents for 3 years to 10 years by digitising the documents and disposal of complaints filed against doctors in six months.

The court made the observations while allowing a plea moved by Dr P Basumani against termination of his licence by the Tamil Nadu medical council in a hasty manner.

“The medical council is expected to act in such a manner that every area connected with the complaints can be meted out, which will pave the way for reasonable as well as legally based decisions to be arrived at,” the court said.

Justice Mahadevan has also suggested the council to constitute three experts to inquire into each complaint.

The experts shall be from the field of medicine with which the medical practitioner is associated.

The principles of natural justice, as required in quasi-judicial proceedings, will have to necessarily be followed as the proceedings may end in punishments which would entail civil consequences to either party, the court said.

In order to make the disciplinary proceedings free from any loopholes and to avoid multiplicity of proceedings, the report of the inquiry committee is to be made final and binding on the disciplinary board of the state medical council and Medical Registration Board, the judge added.

The court added that the disciplinary board of the state medical council will have a permanent tenure, fixed three-member body (constituted by election by the commission from amongst its members) will function as the disciplinary authority for the purpose of professional misconduct by registered medical practitioners under the Code/Regulation.

The court ruled on a plea moved by a doctor against hasty termination of his licence by the TN medical council