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To be Submitted to: Honourable Union Minister for Health & Family Welfare
Government of India

Subject:
Proposal for creation of a dedicated Medical Adjudicatory Body
for cases
relating to Medical Negligence,
Criminal Negligence, Billing-related Cheating (Sec 420 IPC),
and transfer of medical negligence cases from Consumer Protection Act to the new authority

Respected Sir,

The healthcare sector is the backbone of public welfare and national development. However, the present mechanisms for adjudicating medical negligence and related disputes are overburdened, often medically untrained, and unable to ensure timely, fair, and expert evaluation of complex medical decisions.

In view of urgent reforms required to safeguard both patient rights and professional security of medical practitioners, it is proposed that the Government of India establish a “National Medical Adjudicatory Authority (NMAA)”, with corresponding State-level bodies.

I. Jurisdiction of Proposed Medical Adjudicatory Body

The proposed authority shall exclusively adjudicate the following categories of cases:

1. Cases of Medical Negligence (civil liability)
2. Cases of Criminal Negligence leading to death or disability under IPC (e.g., Sec 304A)
3. Cases of cheating (Sec 420 IPC) related to hospital billing disputes
4. All cases of alleged medical negligence currently under the Consumer Protection Act to be transferred to NMAA for expert adjudication

II. Rationale & Reasons for Establishing the Medical Adjudicatory Body

1. Huge Pendency of Cases in Consumer Courts

Consumer courts across India face massive backlog.

Medical negligence matters, requiring complex technical appraisal, are delayed for 5–10 years or more, denying justice to both patients and doctors.

The delay results in psychological, professional, and financial hardship.

2. Nature of Medical Science – Imperfect and Based on Real-Time Judgement

?Medical science is not an exact science; outcomes are probabilistic.

Life-saving decisions often must be taken within seconds, based on limited information, and always in the best interest of the patient.

Outcomes depend on individual physiology, comorbidities, and unpredictable complications—not solely on medical skill.

3.? Increase in Defensive Medicine Due to Fear of Prosecution

The current environment has compelled doctors to adopt defensive medicine, which has severe consequences:

A. ? Increased Healthcare Cost

Unnecessary tests, referrals, imaging, and prolonged hospitalization are ordered solely to avoid legal risk, escalating costs for patients.

B. ?Hindrance to Government Health Schemes

Fear of litigation discourages hospitals and doctors from taking complex cases under Ayushman Bharat and other welfare schemes, affecting the rural and poor population.

C.? Bright Students Avoiding Medical Profession

High litigation risk, long duration of education, high financial burden, and professional insecurity are discouraging meritorious students from choosing medicine.

D. ?Vacant Superspeciality Seats

National data shows an increasing number of vacant seats in DM/MCh courses due to rising stress, workload, and legal uncertainties.

E. Impending Shortage of Specialist Doctors

If the present trend continues, India may face severe scarcity of specialists, threatening long-term healthcare quality.

III. Structure of the Proposed Medical Adjudicatory Body

A. Composition

Each Bench shall consist of:

1. One Judicial Member (Retired District Judge / High Court Judge)
2. Two Senior Medical Experts with specialization relevant to the case (e.g., Surgery, Medicine, Pediatrics, Obstetrics, etc.)

This ensures that decisions are based on both legal principles and clinical expertise.

B. Powers

Civil and criminal adjudicatory powers equivalent to a Sessions Court (for medical matters only)

Authority to impose penalties, award compensation, and recommend disciplinary action

Power to summon medical records, experts, and hospital authorities

C. Appellate System

District Medical Adjudicatory Boards

State Medical Adjudicatory Tribunals

National Medical Adjudicatory Authority (Final Appellate Body)

IV. Statutory Protection and Reform Suggested

1. Protection Similar to Section 197 CrPC

A statutory shield, similar to protection provided to public servants, should be extended to doctors to prevent frivolous and malicious criminal prosecution.

Criminal prosecution should only be initiated after:

Independent expert medical review, and

Sanction from the State-level Medical Adjudicatory Board

2. Compensation Capping under “No-Fault Liability Principle”

Compensation must be reasonable, scientific, and capped to prevent excessive awards.

“No-fault liability” ensures quick compensation to patients without branding every complication as negligence.

This approach is followed in New Zealand, Nordic countries, and several advanced healthcare systems.

V. Benefits of Establishing the Medical Adjudicatory Body

1. Faster resolution of medical disputes with expert evaluation
2. Reduction in pendency of consumer and criminal courts
3. Protection of medical professionals from unnecessary harassment
4. Improvement in patient safety through structured medical review
5. Lower cost of healthcare by reducing defensive medicine
6. Better participation in national health schemes
7. Revival of interest in medical and superspeciality education
8. Strengthening India’s healthcare system through balanced, fair, and expert adjudication

VI. Prayer

In light of the above, it is humbly requested that the Ministry of Health & Family Welfare kindly:

1. Constitute a National Committee to examine the immediate formation of a Medical Adjudicatory Body
2. Draft and introduce legislation for establishing NMAA with necessary statutory powers
3. Provide protection under Section 197 CrPC-like mechanism for doctors
4. Implement compensation capping under the “No-Fault Liability Principle”
5. Transfer all medical negligence cases from consumer courts to the new adjudicatory framework

This reform is essential for ensuring justice to patients, professional security to doctors, and long-term strengthening of India’s healthcare infrastructure.

With highest respect and gratitude,
Submitted for your kind consideration.

Dr Kunal Nath
MBBS MD (Medicine)
DM ( Neurology)
LLB
Medico Legal Consultant