Lok Sabha Question No. 279 (STARRED), answered on 2018-01-05
Subject: Medical Negligence
Ministry: HEALTH AND FAMILY WELFARE
Asked by: RAVINDRA KUMAR PANDEY, GEETHA KOTHAPALLI

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

## LOK SABHA STARRED QUESTION NO. 279 TO BE ANSWERED ON THE 5 TH JANUARY, 2018 MEDICAL NEGLIGENCE

## *279. SHRI RAVINDRA KUMAR PANDEY: SHRIMATI KOTHAPALLI GEETHA:

Will  the  Minister  of HEALTH  AND  FAMILY  WELFARE be  pleased  to state:

- (a)  whether  a  number  of  cases  of  medical  negligence  in  Central  Government private hospitals have been reported across the country during the last two y ars;
- (b) if so, the details thereof, year and State/UT - wise including Andhra Pradesh along with the response of the Government in this regard and the action taken agai hospitals;
- (c) the number of complaints received by the Grievance Redressal Committees in these hospitals during the said period, hospital - wise and the action taken thereon;
- (d)  whether  the  Government  has  framed  any  rules  to  curb  loot  and  crim negligence by private hospitals in the country and if so, the details thereof
- (e) the other corrective measures taken by the Government to stop such incid loot and criminal negligence?

## ANSWER THE MINISTER OF HEALTH AND FAMILY WELFARE

## ( SHRI JAGAT PRAKASH NADDA )

- (a)to ( e) : A Statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO. 279* FOR 5 TH JANUARY, 2018

(a) to (c) The Government is aware of the reports appearing in the media from tim about some such cases of medical negligence. However since health is a State the responsibility of the respective State Government to take action to preve control such practices. Therefore, such complaints, as and when these are received, a to the concerned States. Details of such complaints are, however, not maintaine

(d) Health is a State subject. The Government of India has, howe ver, enacted the Clinica Establishments (Registration and Regulation) Act, 2010 and notified Establishments  (Central  Government)  Rules,  2012.  These  provide  for  registr regulation  of  Clinical  Establishments  including  those  in  the  private sector.  The  Act  is currently applicable in ten States and all Union Territories except Delhi. In Territories where the said Act is in force, the clinical establishments are the norms such as minimum standards of facilities and services, minimum requirement of personnel, maintenance of records and reports  and displaying of rates at a place.  The  clinical  establishments  are  also  required  to  follow Standard  Treatment Guidelines issued  by  the  Central/State  Governmen ts  and  charge  rates  for  each  type procedure  and  service  within  the  range  of  rates  determined  from  time  t consultation with the State Governments. The implementation and enforcement o Act falls within the ambit of the States/Union terr itories.

(e) The Clinical Establishments (Registration and Regulation) Act, 2010 provides scope for the States and Union Territories for effectively redressing public curb  unethical  medical  practices.  Further,  the  MCI  and  State  Medical  Co s  are empowered  to  take  action  against  a  doctor  for  violation  of  the  provisions Medical  Council  (Professional  Conduct,  Etiquette  and  Ethics)  Regulation, complaints  related  to  overcharging,  deficiency  in  medical  care,  etc.  can  al e  filed  in District/State/National Consumer Disputes Redressal Forums under the Co Protection Act. Further, depending upon the nature of carelessness and crim relevant sections of Indian Penal Code/Criminal Procedure Code are also applic able.