Over 700 medical negligence cases and around 45 cases of Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) violation have remained unheard for the past one year as Maharashtra Medical Council (MMC) till today is not functioning to its full capacity.
Among other reasons for the present state of affairs is that the state government has not been able to nominate the required number of 9 members to the 18 member quasi- judicial body that governs the practice of allopathic doctors in the state.
Doctors licenses have been canceled only in 5 cases of PCPNDT violation which involved actual sex-selection by the offending doctors and another 5 such cases which went for trial in the High Court doctors were convicted and faced suspensions of licenses.
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.
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.
The Maharashtra Medical Council, quasi-judicial body of 85,000 doctors in the state, has not heard any case of medical negligence in the past seven months.
There is also no clarity on the fate of cases of medical negligence as cases continued to be filed but remained unheard since the council term got over in 21 May 2016 and much of the onus lies with the state government which delayed in notifying elections in the first place.
The state government delayed in suitably replying to the Bombay High Court (HC) based on a petition filed by the MMC on matters related to notification of elections and appointment of registrar contrary to what has been stipulated in the MMC Act.
Elections to the MMC were held on December 18, 2016 across 36 districts of the state at various medical colleges following a series of upheavals over a period of 7 months to restore MMC back through a democratic process.
The Council used to dispose 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.