SOP for Disposal of Medical Negligence Complaints
Main Points — One-Page Summary

1. Receipt of Complaint
   Register the complaint and issue an acknowledgement to the complainant.
   Conduct preliminary scrutiny to determine whether the matter involves alleged medical negligence.
2. Reference by the District Magistrate (DM)

• The DM refers the complaint to the Chief Medical Officer (CMO) for constitution of an inquiry committee.

1. Constitution of Inquiry Committee
   The committee must be constituted within 3 working days of receiving the direction.
   It should include at least two specialists from the relevant medical field.
2. Preservation of Medical Records

• The hospital should be directed to preserve and seal the relevant medical records within 48 hours, to prevent loss, alteration or tampering.

1. Inquiry and Expert Assessment
   The committee examines:
   Medical records, investigation reports and treatment provided.
   Whether the treatment followed accepted medical standards.
   Whether any medical negligence occurred.
   Whether negligence, if established, caused the alleged injury or death.
   Responsibility of the doctor, hospital staff or institutional system, wherever applicable.
2. Submission of Inquiry Report
   The committee submits its findings and medical opinion to the CMO.
   The CMO forwards the report to the DM within 2 working days of receiving it.
3. Decision by the District Magistrate

• The DM examines the report and may accept it, seek clarification or refer a complex case to the appropriate State-level board, as applicable.

1. Final Disposal

• The final order should be issued within 7 days of acceptance of the inquiry report, as specified in the SOP.

1. Monitoring and Accountability
   Pending cases should be reviewed regularly.
   Monthly reports should be maintained to monitor progress and compliance with prescribed timelines.
2. Confidentiality

• Patient information, medical records and other confidential details must be protected throughout the inquiry.
  Important Principle
  The inquiry committee provides an expert medical opinion based on facts and evidence. Its role is to assess the standard of care and the presence of negligence; legal responsibility and punitive action must be determined by the competent authority under applicable law.
  Quick revision: Complaint → DM → CMO → Committee within 3 working days → Records secured within 48 hours → Inquiry → CMO report within 2 working days → DM decision → Final order within 7 days of acceptance.