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GOVERNMENTOFINDIA
MINISTRYOFHEALTH AND FAMILYWELFARE
DEPARTMENTOFHEALTH AND FAMILYWELFARE
RAJYASABHA
UNSTARREDQUESTION NO. 2812
TOBE ANSWERED ON17TH MARCH, 2026
COMPLAINTS OFMEDICALNEGLIGENCE
2812DR. V.SIVADASAN:
Will the Minister of HEALTHANDFAMILYWELFARE be pleased tostate:
(a) the number of complaints received during the last five years relating to medical
negligence, including cases of retained surgical instruments, sponges or other foreign objects
left in patients’ bodies after surgery, in medical institutions under the Central Government,
year-wise;
(b) the hospital-wise data with category-wise break-up of such complaints, including surgical
negligence, diagnostic errors, medication errors, post-operative complications and other
forms of allegednegligence; and
(c) the action taken on these complaints, including disciplinary proceedings against medical
personnel, compensation awarded to patients, cases referred to the National Medical
Commission or otherauthoritiesand the status thereof?
ANSWER
THE MINISTEROFSTATE IN THE MINISTRYOFHEALTH AND FAMILY
WELFARE
(SMT. ANUPRIYAPATEL)
(a) to (c): 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. Accordingly, the NMC forwards the
complainttoconcerned StateHealthDepartmentsandSMCs for appropriate action.
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
onmedicalnegligence cases filedinthe countryisnot maintainedcentrally inNMC.
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