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MCI set to issue guidelines on peer group evaluation of professional incompetence of medical practitioners
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Laxmi Yadav, Mumbai
September 22 , 2017
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The Medical Council of India (MCI) is all set to come out with
guidelines pertaining to peer group evaluation of professional
incompetence of a registered medical practitioner as prescribed by
section 8.6 of the Code of Medical Ethics Regulation 2002.
As per
Rule 8.6, professional incompetence of a professional duly registered
with the State Medical Council upon fulfilling the precondition of the
eligibility of having acquired recognized medical qualifications from a
university and duly incorporated in the concerned schedule appended to
the Indian Medical Council Act, 1956, shall be judged by peer group as
per guidelines prescribed by MCI. However, these guidelines have never
been made. Taking serious note of this, national president of Indian
Medical Association (MA) Dr. KK Aggarwal had written to MCI to frame the
guidelines.
A study group led by Dr. Vedprakash Mishra, chairman
of academic committee, MCI was set up by MCI president one and half
month back to chart out draft guidelines under Rule 8.6 in response to
Dr Aggarwal's letter. The study group comprising of three members-- Dr
Aggarwal, Dr. RN Tandon, secretary general, IMA, Dr. Vinay Aggarwal ,
past national president, IMA held two meetings to frame the draft which
was submitted to MCI president.
The draft guidelines, titled as
‘Guidelines governing assessment of professional incompetence' by a peer
group under Rule 8.6 of Code of Medical Ethics Regulation 2002 as
amended from time to time will come into the force from date of its
notification by MCI. The guidelines shall be applicable for any medical
trial jurisdiction at the institutional (medical colleges approved by
MCI) or at any council level. They shall not cover criminal aspect of
professional negligence.
Professional incompetence, professional
misconduct and professional incapacitation by and large are used
interchangeably because all the three within their fold include failure
on part of the professional to take reasonable steps to safeguard the
life and health of the person under his care.
In a move to bring
more clarity on which action of a medico can be attributed to
professional incompetence, the draft has clearly defined it. It says
'professional incompetence’ is failure to exercise due care and
diligence in professional responsibilities due to lack of knowledge,
skill or judgment while professional incapacity means inability to carry
out professional activities and responsibilities/obligations due to a
physical or mental illness that may limit the capacity of a professional
person to fulfill his/her professional responsibilities temporarily or
permanently.
It also defined professional negligence for which
the guidelines will not be applicable. As per the draft, an act or
omission (failure to act when there is a duty to act) which a reasonable
man in the circumstances would do or an act of commission (wrong doing)
by a medical professional, which a reasonable man in the circumstances
would not do constitutes professional negligence.
It further says
a peer group at institutional (medical college) /clinical
establishment/state medical council/MCI will be constituted to judge the
professional incompetency of a registered medical practitioner in a
time-bound manner. The peer group shall be a three-member committee with
a chairman, one IMA nominee and one professional subject expert. The
peer group on receipt of any complaint shall examine the allegation in a
time-bound manner, preferably within two weeks and forward its
reasoned-out speaking order following the principle of natural justice
and based on “Bolam’s Test” to the institutional head, clinical
establishment head /chairman of the ethics committee of the state
medical council/chairman of the ethics committee of MCI as the case may
be.
Bolam Test evolved out of the judgment in the case of Bolam v
Friern Hospital Management Committee [1957] 1 WLR 582 is used to assess
standard of care when deciding medical negligence.
The MCI will
soon hold a meeting to deliberate and finalise the draft guidelines. The
IMA which pushed for the guidelines has also convened a central working
committee meeting on September 23 to discuss and pass it.
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