Lok Sabha Question No. 77 (STARRED), answered on 2021-07-23
Subject: Cases of Medical Negligence
Ministry: HEALTH AND FAMILY WELFARE
Asked by: M. Selvaraj, A. Chellakumar

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

## LOK SABHA STARRED QUESTION NO.77 TO BE ANSWERED ON THE 23 RD JULY , 2021

## CASES OF MEDICAL NEGLIGENCE

## *77.   SHRI M. SELVARAJ:

## DR. A. CHALLAKUMAR:

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

- (a) whether a number of cases of medical negligence causing loss of lives and other physical disability/disorders have come to the notice of Gover from various hospitals including g overnment hospitals;
- (b) if so, the details thereof indicating the number of such cases reported during each of the last three years and the current year, hospital and State/UT - wise;
- (c)  the  rules  and  guidelines  governing  the  procedure for  insurance claims  in cases  of  medical  negligence along  with  the  number  of  claims/cases  settled duringeach of the last three years and the current year, insurance companywise;
- (d)  whether  the  Government  proposes  to  enact  any law  to  rein  in  medical negligence; and
- (e) if so, the details thereof along with the details of proposals/representations, if  any,  received  from  various stakeholders  regarding the need  for  reforms  in medical liability  insurance  framework  in  the  country  along  with necessary steps/action taken o r proposed to be taken thereon?

## ANSWER THE MINISTER OF HEALTH AND FAMILY WELFARE ( SHRI MANSUKH MANDAVIYA)

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

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO. 77 FOR 2 3 RD JULY, 2021

…..

(a)  and  (b): There  have  been  reports  in  media  of  some  instances  of medical  negligence  and  the  Ministry  has  also  received  complaints regarding medical negligence from time to time.   Since Health is a State subject,  such  complaints,  as  and  when  received,  are  forwarded  to  the concerned States for necessary follow up action.

(c) As per Insurance Regulatory and Development Authority of India (IRDAI), death claims attributable to medical negligence, if any, are not excluded  under  Life  Insurance  policy  contracts  and  such  death  claims are settled  in  accordance with  the  Terms and  Conditions  of  the  policy contract and the extant Regulations governing the settlement of claims. Further, as per IRDAI, medical negligence per se on a standalone basis is not an exclusion under health insurance policy contracts.  The claims of hospitalization attributable to medical negligence, if any, are settled as per the terms of the health insurance policy contract.

Since  such  claims  are  not  processed  or  settled  at  the  level of  the Ministry of Health and Family Welfare therefore it is not feasible for the Ministry to maintain the details of company-wise number of claims/cases settled in a centralized manner.

(d) and( e ):  The extant legal provisions which can help prevent medical negligence include provisions of the Clinical Establishments (Registration  and  Regulation)  Act,  2010  and  Clinical  Establishments (Central Government) Rules, 2012 notified by the Government of India, as per which clinical establishments in a State /Union Territory where the  Act  is  applicable,  are  required  to  register  in  order  to  operate.    For grant of registration and its continuation, the clinical establishments are required  to  fulfill  conditions  such  as  minimum  standards  of  facilities and  services,  minimum  requirement  of  personnel,  maintenance  of records and reports and are also required to follow Standard Treatment Guidelines issued by the Central/State Governments.  As such, there is sufficient  scope  for  the  States  and  Union  Territories  for  effectively redressing public grievances and to curb unethical medical practices in order to prevent and control medical negligence.

Further,  as  per  the  provisions  of  INDIAN  MEDICAL  COUNCIL (Professional  Conduct,  Etiquette  and  Ethics)  Regulations  2002, issued under  Indian  Medical  Council  Act  1956,  cases/complaints  related  to medical  negligence  are  dealt  by  the  Directorate  of  Health  and  Family Welfare  in  the  State/UTs  or  concerned  State  Medical  Council.    If  the complainant or respondent is not satisfied with the decision taken by the State Medical Council, he/she can file an appeal at Ethics and Medical Registration Board, National Medical Commission.

The   complaints related to deficiency in medical services in any respect can also be   filed in District/State/National Consumer Dispute Redressal Forums under the Consumer Protection Act 1986 (Amended 2019).

Presently there is no specific proposal to enact any new law in the matter.