Lok Sabha Question No. 235 (STARRED), answered on 2020-03-06
Subject: Medical Negligence in Private Hospitals and Nursing Homes
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Sadashiv Kisan Lokhande, Rama Devi

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

## LOK SABHA STARRED QUESTION NO. 235 TO BE ANSWERED ON THE 6 TH MARCH, 2020 MEDICAL NEGLIGENCE I N PRIVATE HOSPITALS AND NURSING HOMES

## *235. SHRI SADASHIV KISAN LOKHANDE: SHRIMATI RAMA DEVI:

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

- (a) whether the Government is a ware that a large number of people have b en given wrong treatment due to negligence on the par t of many Private Hospitals and Nursing Homes and th ere have been cases of death as a result thereof;
- (b) if so, the State - wise  details thereof for the last three years along with the
- reaction of the Government thereto; and
- (c)  the  details  of the  provisions  under  the  law  to ddress  the  issue  and  the manner in which such incidents are being checked?

## ANSWER THE MINISTER OF HEALTH AND FAMILY WELFARE

## (DR. HARSH VARDHAN)

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

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO. 235* FOR 6 TH MARCH , 2020

- (a) & (b) Health and Hospitals are state subjects. It is the responsibil concerned  State  Governments  to  deal  with  the  cases  of  wrong  treatment  a death du e  to  negligence  by  Private  Hospitals  and  Nursing  Homes  as  per  t applicable  laws  in  the  State.    The  details  of  such  cases  are  not  mai centrally.
- (c)The  following  legal  provisions  are  available  to  address  the  issue  an manner in which such incidents are checked.
1. Under Clinical Establishments Act, 2010, Ministry of Health an Family Welfare has notified Central Government (Rules), 2012. As pe r Rule 9(iii) for registration and continuation, the Clinical Establi are  required  to  comply  to  Standard  Treatment  Guidelines  as  may  b issued by Central Government or State Government in the States/Unio Territories  (UTs)  where  the  said  Act  is  appl icable.        As  on  date  the Clinical Establishments Act is applicable in 11 States and 5 UTs nam Arunachal Pradesh, Assam, Bihar, Himachal Pradesh, Jharkhand, Mizoram,  Rajasthan,  Sikkim,  Uttar  Pradesh,  Uttarakhand,  Haryana, Andaman & Nicobar Islands, Chan digarh, Dadra and Nagar Haveli and Daman and Diu, Lakshadweep and Puducherry. Another 17 States and UTs have their own legislation for regulating clinical establishments implementation and monitoring of Clinical Establishments Act, 2010 under the r emit of respective State/UT Governments.
2. As      per  the  provisions  of  INDIAN  MEDICAL  COUNCIL (Professional  Conduct,  Etiquette  and  Ethics)  Regulations,  issued  u Indian Medical Council Act 1956, complaints with regard to professional misconduct  by  Reg istered  Medical  Practitioners  can  be  brought  before the Medical Council of India or the concerned State Medical Council, the case may be. Similarly, such complaints can be brought before other State/Central regulatory councils like Dental Council, Counc ils for Indian Systems of Medicine.
3. The   complaints related to deficiency in medical services in respect can also be   filed in District Consumer Forums / State/Nat Consumer  Dispute  Redressal  Commission  under  the      Consumer Protection Act 19 86 (Amended 2019).