Lok Sabha Question No. 48 (STARRED), answered on 2016-02-26
Subject: Medical Negligence
Ministry: HEALTH AND FAMILY WELFARE
Asked by: A.P. JITHENDER REDDY

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

## LOK SABHA STARRED QUESTION NO. 48 TO BE ANSWERED ON THE 26 TH FEBRUARY, 2016 MEDICAL NEGLIGENCE

## *48. SHRI A.P. JITHENDER REDDY:

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 an physical disorders in various hospitals including Government hospitals, have to the notice of the Government;
- (b) if so, the details thereof indicating the number of such cases reported dur 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 medical negl igence along with the number of claims/cases settled during each o last three years and the current year, insurer company - wise;
- (d)  whether  the  Government  proposes  to  enact  any  law  to  rein  in  the  med negligence; and
- (e) if so, the details ther eof along with the details of proposals/representations any, received from various stakeholder regarding the need for reforms in the liability insurance framework in the country?

## 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. 48 * FOR 26 TH FEBRUARY, 2016

(a) & (b):Since  Health  is  a  State  subject,  no  such  information  is  mainta centrall y  in  respect  of  State  Government  Hospitals.    However,  the  detail complaints of medical negligence received and action taken thereon by the AI New Delhi, PGIMER, Chandigarh, JIPMER, Puducherry and  three Central Government  Hospitals  in  Delhi  viz.  Saf darjung  Hospital,  Dr.  RML  Hospital  and Lady  Hardinge  Medical  College  (LHMC)  &    Associated  Hospitals,  Regional Institute  of  Medical  Sciences  (RIMS),  Imphal,  North  Eastern  Indira  Gan Regional  Institute  of  Health  and  Medical  Sciences  (NEIGRIHMS),  Shillong and AIIMS  like  Institutes  at  Jodhpur,  Rishikesh,  Bhubaneswar,  Bhopal,  Raipur Patna , under this Ministry ,are given at Annexure I .

(c) to (e): As  per  information  provided  by  Department  of  Financial  Service Ministry  of  Finance , therules  and  the  guidelines  governing  the  procedure  fo insurance  claims  in  cases  of  medical  negligence  are  part  of  the  policy  c However, no centralized data in respect of number of claims made and settl maintained  by  the  Department  of  Finan cial  Services.  Medical  Council  of  India (MCI)  or  the  appropriate  State  Medical  Councils  have  been  empowered  to  t disciplinary action against a doctor for violation of the provisions of Indi Council  (Professional  Conduct,  Etiquette  and  Ethics) Regulations  2002.  As  and when  complaints  are  received  against  the  violation  of  code  of  ethics  for (including allegation of medical negligence), such complaints are referred by the concerned State Medical Councils where the doctors/medical pr actitioners are registered for appropriate action. The Consumer Protection Act also covers m negligence on the part of medical practitioners, and complaints related to negligence can be filed in the District/State/National Consumer Disputes R edressal Forum under the Consumer Protection Act.

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## Annexure I

|   S. No. | Name of the Hospital          | No. of Complaints received in 2013   | No. of Complaints received in 2014   | No. of Complaints received in 2015   | No. of Complaints received in 2016   | Action taken                                                                                                                                                                              |
|----------|-------------------------------|--------------------------------------|--------------------------------------|--------------------------------------|--------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|        1 | Safdarj ung Hospital          | 8                                    | 6                                    | 1                                    | Nil                                  | No case of against doctors been established except one case 2014. In this Delhi Medical Council (DMC) has recommended removal of names 2 doctors from Indian Medical Register for months. |
|        2 | Dr. RML Hospital              | Nil                                  | Nil                                  | 4                                    | Nil                                  | In all fourcases, enquiry has completed and doctor has been guilty of negligence.                                                                                                         |
|        3 | LHMC and associated Hospitals | 1                                    | Nil                                  | 2                                    | Nil                                  | In 2 case s, no doctor has been found of medical negligence ; one is under investigation.                                                                                                 |
|        4 | AIIMS, New Delhi              | 6                                    | 4                                    | 5                                    | Nil                                  | Negligence could established in cases.                                                                                                                                                    |
|        5 | PGIMER, Chandigarh            | 2                                    | 2                                    | 2                                    | Nil                                  | No case of against doctors been established.                                                                                                                                              |
|        6 | JIPMER, Puducherry            | Nil                                  | 1                                    | Nil                                  | Nil                                  | Case compensation w as allowed in favour                                                                                                                                                  |

has in

case, the

three been

no medical

two has

settled,

|    |                                                                             |            |                                                     |                                                     |                                                     | the complainant.                                    |
|----|-----------------------------------------------------------------------------|------------|-----------------------------------------------------|-----------------------------------------------------|-----------------------------------------------------|-----------------------------------------------------|
|  7 | RIMS, Imphal                                                                | NIl        | Nil                                                 | 2                                                   | Nil                                                 | Both cases are investigation .                      |
|  8 | 6 AIIMS like Institutes at Jodhpur, Bhub anes war, Bhopal, Raipur and Patna | Rishikesh, | No such case has been received in these Institutes. | No such case has been received in these Institutes. | No such case has been received in these Institutes. | No such case has been received in these Institutes. |
|  9 | NEIGR IHMS,                                                                 | Shillong   |                                                     |                                                     |                                                     |                                                     |

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