Medical negligence — RTI for enquiry & action

Medical negligence — RTI for enquiry & action

⚠️ DPDP Rules, 2025 (14 Nov 2025) amended Section 8(1)(j) of the RTI Act — public-interest override now under Section 8(2). Read the note →

snippets:dpdp-banner · 2026/04/19 05:02

Direct answer. File RTI to State Medical Council AND CMO. Ask complaint registration, enquiry committee constitution, deposition records, action taken.

Legal framework

IMC Act 1956 — medical council jurisdiction.
National Medical Commission Act 2019 — replaces IMC.
Consumer Protection Act 2019.

5 questions to ask

Complaint registration.
Enquiry committee.
Deposition records.
Action taken.
Appeal disposal.

Template

To: The Public Information Officer, CMO / State Medical Council
Subject: Application under §6 RTI Act 2005 — Medical negligence enquiry

My complaint No. [..] regarding [hospital/doctor] — please furnish (1) registration, (2) enquiry committee, (3) depositions, (4) action, (5) appeal disposal.

Fee: Rs.10 by IPO/cash.

Common mistakes

Filing only at hospital — go to State Medical Council.
Skipping NMC parallel ask.

Case law anchors

Indian Medical Association v. VP Shantha (1995) 6 SCC 651 — medical service is “service”.
Jacob Mathew v. State of Punjab (2005) 6 SCC 1 — negligence framework.

Pro tips

Pair with Consumer Court parallel.
Cross-check NMC online portal.

FAQ

Q: Civil vs criminal negligence? Different routes; RTI for both files.
Q: NMC vs SMC jurisdiction? Cross-state — NMC.

Sources

IMC Act 1956. NMC Act 2019. CPA 2019. VP Shantha (1995). Jacob Mathew (2005).

Last reviewed: 25 April 2026.

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