Haryana rights panel seeks appeal mechanism for medical negligence boards

The Haryana Human Rights Commission has stressed the need for a clear, independent and effective appellate mechanism for people who challenge the findings of District Medical Negligence Boards.

It said a district-level system to examine complaints, by itself, cannot be treated as an effective remedy against the decision or opinion of such boards.

Hearing a complaint, the full bench of the Commission said that if a person is aggrieved by the opinion or findings of a District Medical Negligence Board, "an effective remedy must be available to challenge the same before a higher or independent authority."

Referring to an earlier order, it also said there is an urgent need for a codified legal framework to regulate such situations. The matter was heard by the full bench of the Haryana Human Rights Commission, comprising Chairperson Justice Lalit Batra, Member (Judicial) Kuldip Jain, and Member Deep Bhatia.

In its order dated August 27, the Commission observed that, in the absence of statutory rules and clear guidelines, a person aggrieved by the findings of a District Medical Negligence Board is left without a clear remedy or appellate recourse.

It said the state government should frame suitable rules and guidelines to provide a structured and effective redressal mechanism where the findings of the board are contested.

In a report placed before the Commission, the Director General of Haryana Health Services referred to the state government’s 2017 notification and a 2018 amendment, under which district medical boards were set up to examine complaints related to medical negligence.

The Commission, however, said the report did not disclose any appellate, review or revisional mechanism through which the findings of a District Medical Negligence Board could be challenged before a higher or independent authority.

It said, "Merely because a mechanism exists at the district level, an aggrieved person cannot be left without a remedy," and added that when the opinions or findings of such boards are challenged, there must be a clearly defined, independent and structured appellate recourse.

The Commission also rejected the DG's apprehension that setting up a state-level appellate authority could lead to parallel proceedings, and clarified that it would instead create successive stages of adjudication.

"The appellate mechanism would come into operation only when an aggrieved person chooses to challenge the findings of the District Medical Negligence Board," it said.

HHRC Assistant Registrar Puneet Arora said senior government officials have been directed to present their stands before the Commission through video conferencing on the next date of hearing and to submit a progress report at least one week earlier.

The matter has been adjourned to January 21.