**Summary:**
This document summarizes the Indian Ministry of Health and Family Welfare's response to Lok Sabha Unstarred Question No. 3346, addressed on August 8, 2025, regarding medical negligence in India. The response addresses the following inquiries:
* **Reported Cases of Medical Negligence:** The Ministry acknowledges that it does not maintain a centralized database of medical negligence cases, including those resulting in loss of life or physical disability, reported across states and union territories. Data is not collected state/UT-wise or year-wise.
* **Conviction Rates and Convicted Doctors:** The Ministry does not track the percentage of medical negligence cases resulting in conviction, nor the number of doctors convicted of professional misconduct, at either the state/UT or national level. Data is not collected state/UT-wise or year-wise.
* **Centralized Data Collection:** Currently, there is no centralized system for collecting data on medical negligence cases filed in India.
* **Directives to States for Data Maintenance:** The Ministry does not indicate plans to direct states to maintain medical negligence data at the state level and compile it centrally. The rationale for this decision is not explicitly stated.
* **Rules and Guidelines for Processing Medical Negligence Cases:** The National Medical Commission Act, 2019, empowers State Medical Councils (SMC)/Ethics and Medical Registration Boards (EMRB) to take disciplinary action against registered medical practitioners (RMP) for professional or ethical misconduct, in accordance with regulations and guidelines framed under the Act. The Act mandates a hearing for the RMP before any action is taken, and it provides for an appeal process against the SMC/EMRB's decision.
* **Stringent Guidelines to Address Medical Negligence:** The response refers to the National Medical Commission Act, 2019, and its provisions for addressing professional misconduct as the governing framework. Any additional guidelines are not mentioned.
The response was provided by the Minister of State in the Ministry of Health and Family Welfare, Smt. Anupriya Patel.
Key Entities Referenced
Ministry of Health and Family Welfare: The Union Government ministry responsible for health policy in India, answering the Lok Sabha question.
Lok Sabha: The lower house of the Parliament of India, where the unstarred question was raised.
National Medical Commission Act, 2019: A law in India that empowers State Medical Councils and Ethics and Medical Registration Boards to take disciplinary action against medical practitioners for misconduct.
State Medical Council: State-level bodies in India empowered to take disciplinary action against medical practitioners.
Ethics and Medical Registration Board: An entity empowered by the National Medical Commission Act, 2019 to take disciplinary action against medical practitioners.
SMT. ANUPRIYA PATEL: The Minister of State in the Ministry of Health and Family Welfare who provided the answer to the Lok Sabha question.
India: The country to which the policy document applies, specifically concerning medical negligence cases.
State/UT: Refers to the States and Union Territories of India, used to categorize data on medical negligence cases.
GOVERNMENTOFINDIA
MINISTRYOFHEALTH AND FAMILYWELFARE
DEPARTMENTOFHEALTH AND FAMILYWELFARE
LOK SABHA
UNSTARRED QUESTION No. 3346
TO BE ANSWERED ON 8THAUGUST, 2025
CASES OFMEDICALNEGLIGENCE IN INDIA
3346.DR. BACHHAVSHOBHADINESH:
Will the Minister of HEALTHANDFAMILYWELFARE be pleased tostate:
(a) the total number of cases reported for medical negligence causing loss of lives and other
physical disability/disorders in the country during the last ten years, State/UT-wise and year
wise;
(b) the percentage of medical negligence cases that resulted in conviction along with the
number of doctors convicted of professional misconduct in the country during the last ten
years, State/UT-wise andyear-wise;
(c) whether there is a centralized collection of data on medical negligence cases filed in the
country, if so, the detailsthereof;
(d) whether the Ministry is likely to direct the States to maintain such data at State level in
view of health being a State subject and compile the same at Central level so as to reduce
medicalnegligence inthe country,if so,the detailsthereofandif not,the reasons therefor;
(e) the details of the rules and guidelines governing the procedure for processing cases of
medicalnegligence inthe country; and
(f) whether the Government hasformulated anystringent guidelinestoaddress thisissue and
if so, the detailsthereof?
ANSWER
THE MINISTER OFSTATE IN THE MINISTRYOFHEALTH AND FAMILY
WELFARE
(SMT. ANUPRIYAPATEL)
(a) to (f): National Medical Commission Act, 2019 empowers State Medical Council
(SMC)/Ethics and Medical Registration Board (EMRB) to take disciplinary action in respect
of any professional or ethical misconduct by a registered medical practitioner in accordance
with the regulations/guidelines framed under the Act. The act provides for an opportunity of
hearing to the RMP before taking any action against him. Provision for an appeal against the
decision of SMC/EMRB has also been made. Data on medical negligence cases filed in the
countryisnot maintained centrally.
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