NMC Admits Patient Appeal Rule Exists, Still Shuts Families Out

The NMC admits the 2002 rules letting patients appeal are in force. Yet it turns grieving families away. Now, Dr Kunal Saha plans a Supreme Court fight.

author-image
Varghese George
New Update
NMC | National Medical Commission | Dr Kunal Saha

Dr Kunal Saha, President of People for Better Treatment, plans to move the Supreme Court over the National Medical Commission’s refusal to hear patients’ appeals | Photo courtesy: The Probe

Listen to this article
0.75x1x1.5x
00:00/ 00:00

Dr Kunal Saha, President of the patient rights group People for Better Treatment (PBT), is preparing to take the National Medical Commission (NMC) to the Supreme Court over its refusal to hear appeals filed by victims of medical negligence. The move follows a representation he sent to the NMC Chairman on 28 July, warning of legal action, and a reply from the Commission in September that he dismisses as “a cock-and-bull story.”

Also Read:National Medical Commission Defies Own Rule, Rejects Patient Appeal

“I am going to bring this to the notice of the court. I have no doubt the Supreme Court will chastise them,” Saha told The Probe.

At the heart of the dispute is a question that affects every family that loses a complaint before a state medical council: can they appeal to the national regulator? Under the NMC’s current practice, only doctors can.

Advertisment

A Notice to the NMC Chairman

On 28 July 2026, Saha wrote to NMCChairman Dr Abhijat Chandrakant Sheth, accusing the Commission of “shielding negligent doctors” by rejecting victims’ appeals on a “false claim”.

In it, Saha alleged that the NMC’s Ethics and Medical Registration Board (EMRB) routinely rejects appeals filed by victims against state medical council orders, on the plea that only doctors may appeal under the National Medical Commission Act, 2019. He called this position “bogus and unlawful.”

He sought an impartial inquiry and punishment for those responsible, and warned that PBT would go to court if the NMC did not respond within 10 days. He also sent the letter to the Union Health Secretary and the National Human Rights Commission.

“I sent a letter to the NMC saying it was deliberately going against the law, shielding doctors and turning away victims, even though the law in force is the 2002 Regulations. The NMC itself said so in its gazette notification in 2023, after the 2019 Act came in,” Saha said.

Doctors Medical Negligence National Medical Commission dow-jones Patients