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GOVERNMENTOFINDIA
MINISTRYOFHEALTH AND FAMILYWELFARE
DEPARTMENTOFHEALTH ANDFAMILYWELFARE
LOK SABHA
UNSTARRED QUESTION No. 5632
TO BE ANSWERED ON27th MARCH,2026
MEDICALNEGLIGENCE IN WESTBENGAL
5632.SHRISAUMITRAKHAN:
Will the Minister of HEALTHANDFAMILYWELFAREbe pleasedtostate:
(a) whether the Government has data regarding the total number of cases reported in
connection with medical negligence resulting in loss of life and other physical
disabilities/disorders inthe Stateof West Bengal during the last tenyears;
(b) if so, the detailsthereof,district-wise andyear-wise;
(c) whether there is a centralised mechanism for the collection and maintenance of data on
medicalnegligence cases filedinthe said Stateandif so, the details thereof;
(d) the details of the existing rules, regulations and guidelines governing the procedure for
processing of such cases inthe said State; and
(e) whether the Government has formulated any stringent guidelines to address incidents of
medicalnegligence inthe Stateandif so, the detailsthereof?
ANSWER
THE MINISTER OFSTATE IN THE MINISTRYOFHEALTH AND FAMILY
WELFARE
(SMT. ANUPRIYAPATEL)
(a) to (e): 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.Provisionfor anappeal against the decision of SMC/EMRB hasalso beenmade.
Further, the rules framed under clause (d)(i) of sub-section (2) of Section 33 of the Bengal
Medical Act, 1914, deal with the conduct of enquiries in complaint cases of the West Bengal
Medical Council (WBMC). Additionally, the WBMC has informed that from 2016 to date, a
totalof 849 complaintsof medical negligencehave beenreceived/reported.
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