Chennai: While it is the responsibility of the medical council to act against doctors who are found to violate the code of ethics, the council also owes the obligation to protect medical practitioners, which provide yeangent services for the progress of the general public, from the embarrassment of reckless complaints, said Madras High Court.
Justice R Mahadevan also suggests a series of guidelines that will be included in new regulations that will be framed under the laws of the National Medical Commission.
These suggestions include changing the rules mandating the preservation of medical documents for 3 years to 10 years by digitizing documents and disposal complaints submitted against doctors in six months.
The court conducted a temporary observation allowed the request to move by Dr.
P Basumani to the termination of the license by the Tamil Nadu medical board in a hurry.
“The medical board is expected to act in such a way that every region associated with complaints can be issued, which will open the way for reasonable decisions and based on the law to arrive,” said the court.
Judge Mahadevan also suggested the council to form three experts to ask every complaint.
Experts must be from medical fields associated with medical practitioners.
The principles of natural justice, as required in the quasi-judicial process, must be followed because the process can end in punishment which will require civil consequences on one of the parties, the court said.
To make a free discipline process from the gap and to avoid the multiplicity of the process, the Demand Committee report will be made final and bind the disciplinary board of the State Medical Council and the Medical Registration Board, the judge added.
The court added that the Disciplinary Board of the State Medical Council would have a permanent service period, repairing the body of three members (formed by the election by commissions from its members) would function as a disciplinary authority for medical registered with medical registered practitioners based on code / regulations.