More than 700 medical negligence cases pending with Maharashtra Medical Council

As many as 700 medico-legal cases and around 45 cases of Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) violation have remained unheard for the past one year by the Maharashtra Medical Council (MMC). A senior official said the reason for cases been pending is because the committee had formed in midNovember due to which it is yet to start functioning fully.

One of the main tasks of the MMC, a quasi-judicial body, is to hear cases of medical negligence against doctors besides renewing registrations and issuing fresh ones.

“We have written to Chief Minister Devendra Fadnavis and the medical education minister twice, but there has been no reply. Till the council is complete, the work cannot start,” said Dr Jayesh Lele, one of the elected nine members.

Though the state council in order to fast-track cases had created three ethical committees that heard 3 cases in one month before it completed its term on May 21, 2016, the challenge now with the newly elected MMC is to dispose around 774 pending medical negligence cases. There were a total of 1,200 negligence cases which required speedy redressal and out of that 650 cases have been successfully settled till date, according to an MMC official.

A senior official said an ethical committee is been formed who will look after these cases and will take a decision. “The committee was not in function due to which cases were increasing. We will try to solve all the cases immediately as it starts functioning,” said official.

The Indian Medical Council Act, 1956, stipulates an executive committee appointed by the MMC to meet once in two months to take a decision and subsequent action against any medical practitioner found guilty.

Currently, in the absence of a fully functional council, a sole state-appointed administrator is handling medical negligence complaints. In 2014, 111 medical complaints were filed and 82 complaints were lodged in 2015. With a huge backlog, the administrator has been only able to hear cases only till 2013. “Only urgent complaints of later years are being taken up. We are clearing cases as fast as possible,” said a MMC official.

The oldest case dates back to 1997, as per MMC records. The previous council, a former member said, had split into three ethical committees to clear huge pending cases. “We were able to hear 20-25 cases each day. Now, only one person is handling the entire load,” said the member.

The Council used to dispose of 100 cases annually in the last four years since it took over in 2012. Earlier also, there were no cases registered and heard when it was defunct from 1998 to 2010. The state council remained defunct from 1998 to 2010 following a Bombay High Court order which suspended the body due to irregularities in the election of members and maintenance of Council register.

The MMC is the state branch of the Medical Council of India (MCI) that regulates ethical practices of allopathic doctors. Any doctor who wishes to start practice has to first register with the MMC for a licence. The MMC can cancel or suspend the licence if the doctor is found indulging in any unethical practice. By taking care of medical cases, it also ensures less burden on courts.

The oldest medical negligance case that has still to be heard dates back to 1997, as per MMC records. A senior official said the reason for cases been pending is because the committee had formed in mid-November due to which it is yet to start functioning fully