RTI for Medical Negligence Enquiry

Ramesh's mother went into a small hospital for a routine gallbladder surgery. She came out in a coma, and died four days later. The family was given no clear answer. The discharge summary hinted at a complication, but nobody explained what went wrong. Ramesh filed a written complaint with the State Medical Council, the body that licences and disciplines doctors in his state. He waited six months. No reply. He called, he visited, he wrote again. Silence. He had a right to know what the Council did with his complaint — but the Council would not tell him on its own. This is where the Right to Information Act becomes the common man's lever: it forces a silent public authority to put its file on the table.

This guide shows, step by step, how a citizen can use RTI to drag a stuck medical-negligence complaint out of a State Medical Council, which questions to ask, which fee to pay, and how to climb the appeal ladder when the Council still stays quiet.

Medical negligence is a breach of the duty of care that a doctor or hospital owes to a patient, causing injury or death. In Indian law, negligence by a medical professional is judged by the Bolam test (from Bolam v. Friern Hospital Management Committee, 1957), which the Supreme Court adopted in Jacob Mathew v. State of Punjab, (2005) 6 SCC 1: a doctor is not negligent if they acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art.

RTI does not diagnose negligence — it surfaces the records that prove whether a Council examined your complaint and what it found. When a Council stays silent for months, the citizen is stuck: no order, no reason, no closure. RTI forces the file open so you can see the complaint number, the enquiry committee, the depositions, and the final order. For an overview of how RTI works across government health institutions, see RTI for government hospitals and hospital negligence RTI.

The medical regulator you deal with today is the National Medical Commission, set up under the National Medical Commission Act, 2019 (Act No. 30 of 2019) — see NMC Act 2019 on India Code. This Act repealed the old Indian Medical Council Act, 1956 and dissolved the Medical Council of India; the IMC Act 1956 stopped operating on 25 September 2020 when the NMC Act came fully into force. So if you see an old document that talks about the Medical Council of India or the IMC Act, treat it as history — the live law is the NMC Act 2019.

Under the NMC structure, day-to-day complaints against a doctor are filed with the State Medical Council first. The Ethics and Medical Registration Board (EMRB) is the autonomous board within the NMC that regulates professional conduct and hears appeals against State Medical Council orders. The NMC also runs an online complaints portal at NMC Complaints Portal covering ethics, ragging and grievances. The full set of NMC regulations, including the RMP Professional Conduct Regulations 2022, is at NMC Rules and Regulations.

The link between medical negligence and consumer law comes from Indian Medical Association v. V.P. Shantha, (1995) 6 SCC 651 — the Supreme Court held that medical services are a service under the Consumer Protection Act, so a patient can also approach the Consumer Forum. The civil-vs-criminal line for doctors was drawn in Jacob Mathew v. State of Punjab, (2005) 6 SCC 1: a doctor faces criminal prosecution under Section 304A only for gross negligence, and a prosecution needs a credible expert opinion. For a deeper look at the criminal route, see Medical negligence — when a doctor faces a criminal case. The PIB announcement of the NMC's establishment is at PIB: National Medical Commission constituted (PIB PRID 1595956).

Not every bad outcome is negligence. Understanding the type helps you frame precise RTI questions and know which authority holds which record. The table below compares the most common categories:

RTI works best when you already have a complaint on record and a number to quote. The complaint ladder, built from the NMC Registered Medical Practitioner (Professional Conduct) Regulations, 2022, is:

1. Step 1 — File with the State Medical Council. Under Section 39, a complaint of professional misconduct is filed with the State Medical Council, ordinarily within 2 years of the cause of action. You must submit five copies with supporting documents.
2. Step 2 — Reply period. Under Section 40, the doctor (respondent) gets 15 working days to reply.
3. Step 3 — Outcome. Under Section 41, the Council can dismiss the complaint, issue a reprimand, order counseling, suspend the licence, impose a monetary penalty, or permanently remove the doctor from the National Medical Register.
4. Step 4 — Appeal. Under Section 45, the doctor may appeal to the EMRB within 60 days of the Council order, and then to the NMC within 60 days of the EMRB order.

As a complainant, you are normally not the one appealing, but you have a right to know whether an appeal has been filed and where it stands. That is exactly what RTI extracts.

A State Medical Council rarely writes back to the complainant on its own. It will register the complaint, form an enquiry committee, take depositions, pass an order, and then wait for the doctor to appeal. The complainant is left in the dark. RTI turns the lights on. With one application you can force the Council to disclose:

1. whether your complaint was registered and given a number,
2. who sat on the enquiry committee and on what dates it met,
3. the depositions and documents the committee recorded,
4. the final order and the action taken on the doctor,
5. whether an appeal was filed to the EMRB or NMC and its status.

This is proof. Once you hold the Council's replies, you can carry them to the Consumer Forum, to the police for a criminal complaint, or to the High Court in a writ if the Council has done nothing. The CIC has ruled that medical records of a deceased patient are disclosable to the legal heir under RTI — see CIC: medical records of a deceased patient. The CIC has also confirmed that inspection of medical records is a valid RTI right — see CIC: inspection of medical records.

Step 1 — Identify the public authority. Your two targets are the State Medical Council (which heard the ethics complaint) and the Chief Medical Officer of the district hospital (who holds the hospital's internal inquiry file). Both are public authorities under Section 2(h) of the RTI Act 2005. To find the correct PIO, follow the method in how to find the PIO.

Step 2 — Draft the application under Section 6(1). Section 6(1) of the RTI Act 2005 is the correct provision: a person who wants information must make a request in writing to the Public Information Officer. Keep one application to one authority — do not mix the Council and the CMO in a single letter. For drafting tips, see how to write an effective RTI application.

Step 3 — Pay the right fee. This is where many applicants go wrong. The flat Rs.10 fee comes from the Right to Information Rules, 2012 (Rule 3, G.S.R. 603(E) dated 31 July 2012), and it applies to CENTRAL public authorities. State Medical Councils are STATE public authorities, so the fee follows each state's own RTI rules. For example, the Kerala State Medical Council charges Rs.10; some states charge Rs.20 or a different amount. Check your state's fee structure in the state-wise RTI fees directory. BPL applicants are exempt in every case — see BPL applicants pay zero fee.

Step 4 — Submit. Hand it over the counter and take a receiving stamp, or send it by registered post with the receipt kept safe. The Council must reply within 30 days. For the standard format, use RTI Application Form A.

Step 5 — First appeal if the reply is missing or evasive. If 30 days pass with no reply, or the reply is incomplete, file a First Appeal with the First Appellate Authority named in the Council's RTI manual. Every public authority must designate a PIO and a First Appellate Authority — the Bombay High Court confirmed this for medical councils. See file a first appeal under Section 19 or the broader RTI first appeal guide.

Step 6 — Second appeal to the Information Commission. If the First Appeal also fails, file a Second Appeal to the State Information Commission. See file a second appeal to CIC/SIC or the second appeal guide. From there, a citizen can move the High Court in a writ — see RTI writ petition under Article 226.

To: The Public Information Officer,
[State Medical Council name and address]

Subject: Application under Section 6(1) of the RTI Act, 2005 —
        Status of medical negligence complaint No. [your complaint no.],
        dated [date], concerning Dr. [name], [hospital].

1. Please furnish the complaint registration number and date.
2. Please state whether an enquiry committee was constituted,
   give the names of its members, and the dates of its sittings.
3. Please provide copies of the depositions and documents
   placed before the enquiry committee.
4. Please state the final order passed and the action taken
   on the doctor (reprimand, suspension, penalty, removal, or dismissal).
5. Please state whether any appeal has been filed to the EMRB or NMC,
   and the present status of that appeal.
6. If the complaint was held time-barred under Section 39 of the
   NMC RMP Professional Conduct Regulations 2022, please state the
   date and the reason recorded.
7. Please furnish a certified copy of the enquiry committee report
   and the Council's final order.

Fee: Rs.[amount as per your state's RTI rules] by [IPO/cash/Indian Postal Order].

Applicant: [name], [address], [phone].

Use a second copy, retitled for the Chief Medical Officer, to ask the hospital side: whether an internal inquiry was ordered, who conducted it, what findings were recorded, and what action was taken against the staff concerned. For the government-hospital-specific version, see RTI for government hospital records and the sample application at sample RTI for hospital records.

Once your RTI reaches the PIO, the clock is 30 days under Section 7(1) of the RTI Act 2005. If the information concerns the life or liberty of a person, the deadline shrinks to 48 hours under Section 7(1) proviso — though this provision is rarely triggered for retrospective complaint-enquiry records. If 30 days pass with no reply, the PIO is deemed to have refused the request — see deemed refusal under Section 7(2). At that point you file a First Appeal within 30 days of the deemed refusal.

The CIC has imposed penalties on PIOs for delay in disclosing medical-related information — see CIC: penalty and directions against NMC. The High Court of Madras has also upheld penalties for PIOs who delay medical records — see Madras HC: PIO penalty for delay.

1. Filing only at the hospital. The hospital's internal inquiry is not the disciplinary record. The State Medical Council holds the licence-and-discipline file. File both.
2. Quoting the IMC Act 1956 as the governing law. That Act is repealed. Quote the NMC Act 2019 and the NMC RMP Professional Conduct Regulations 2022.
3. Pasting a flat Rs.10 fee. That is correct only for central public authorities. State Medical Councils follow the state RTI rules — verify the amount first using the state-wise fees directory.
4. Missing the 2-year window. Under Section 39 of the 2022 Regulations, the ethics complaint is ordinarily filed within 2 years. If you let time slip, the Council can refuse the complaint itself, and RTI can only tell you it was time-barred.
5. Forgetting the NMC parallel. The NMC complaints portal at nmc.org.in/complaints lets you track ethics complaints online. Cross-check the portal against what the Council told you in its RTI reply.
6. Not verifying the doctor's registration. Before filing the complaint, verify the doctor's registration on the National Medical Register.

RTI is a fact-finding tool, not the remedy itself. The remedy sits in three parallel lanes:

1. Consumer Forum. Because of Product liability and the Consumer Protection Act 2019 and the V.P. Shantha ruling, you can claim compensation for medical negligence in the Consumer Forum. The RTI reply from the Council becomes your evidence. See also medical negligence consumer complaint at NCDRC.
2. Criminal case. For gross negligence, a police complaint under Section 304A IPC (now Section 106 BNS) is possible, but Jacob Mathew requires a credible expert opinion first. See the criminal-route guide.
3. Survival after the doctor's death. If the doctor dies during the dispute, the claim does not vanish — read Medical negligence claim survives the doctor's death.

Yes. Patients and legal heirs have a right to their own medical records under both the Consumer Protection Act (as laid down in consumer commission rulings) and the RTI Act 2005. Government hospitals are public authorities, so their records — including discharge summaries, operation notes, investigation reports, and ICU monitoring charts — are disclosable under Section 6(1) subject to Section 8 exemptions. For private hospitals, the route is the Consumer Protection Act's “documents” clause, not RTI.

The CIC ruled in SIC TS: RTI on hospital billing that billing records are disclosable. For guidance on accessing and correcting medical records, see medical records missing after discharge, medical record correction refused, and the RTI to check a hospital's licence. For Clinical Establishment Act compliance, see RTI for Clinical Establishment Act compliance.

Q: Civil or criminal negligence — which is which?\\
Civil negligence is a failure of reasonable care and leads to compensation in the Consumer Forum or civil court. Criminal negligence is gross and rash, and can lead to prosecution under Section 304A IPC / Section 106 BNS. RTI helps both lanes because it pulls out the Council's record either way.

Q: State Medical Council or NMC — who hears my complaint?\\
The complaint is filed with the State Medical Council first. The EMRB inside the NMC hears appeals. For cross-state issues or where the Council sits idle, the NMC portal at nmc.org.in/complaints is the parallel window.

Q: What if the Council says it has no file in my name?\\
Ask again by RTI for the complaint register entries around the date you filed. A missing file is itself a disclosure — take it to the Information Commission and then the High Court. For escalating to the High Court, see writ petition under Article 226.

Q: Can I get the depositions of the enquiry committee?\\
Yes, under Section 6(1), subject only to the exemptions in Section 8. Depositions of the complainant and the doctor are ordinarily disclosable; third-party personal details may be severed under Section 10.

Q: Do I need a lawyer to file this RTI?\\
No. The template above is enough. A lawyer helps only at the appeal or writ stage.

Q: How much is the RTI fee for a State Medical Council?\\
It depends on your state. The central fee of Rs.10 (under the RTI Rules 2012) applies only to central public authorities. State Medical Councils follow their state's own RTI rules — see the state-wise fee directory for the exact amount.

Q: Can I file the RTI online?\\
For central public authorities, yes — through the RTI Online portal. State Medical Councils may or may not have an online portal; check your state's setup. If there is no online route, file by registered post or by hand with a stamped receiving copy.

Q: What if the doctor was from another state?\\
File the complaint with the State Medical Council of the state where the treatment was given. If the doctor's registration is in another state, the NMC portal is the cross-state alternative. You can also verify the doctor's registration on the National Medical Register — see verify doctor registration.

Q: Can RTI help if the negligence happened years ago?\\
RTI itself has no limitation period — you can ask for any existing record. But the Council complaint must be filed within 2 years under Section 39 of the NMC RMP Regulations 2022. If you are past 2 years, use RTI to check whether the Council recorded the complaint at all and whether it was held time-barred.

Q: What happens if the PIO denies information under Section 8(1)(j)?\\
Section 8(1)(j) protects personal information that has no relationship to any public activity. Medical council enquiry records relate to professional misconduct, which is a public-interest matter — so this exemption is often wrongly claimed. Challenge it in the First Appeal and, if needed, the Second Appeal. The CIC has directed disclosure of such records — see CIC: inspection of medical records.

1. Hospital negligence RTI
2. RTI to check a hospital's licence
3. RTI for Clinical Establishment Act compliance
4. RTI for government hospitals
5. RTI for doctor attendance
6. Bombay HC — Medical Council is a public authority under RTI
7. Medical negligence — criminal case and expert opinion
8. Medical negligence claim survives the doctor's death
9. Medical negligence consumer complaint at NCDRC
10. Product liability under the Consumer Protection Act 2019
11. Medical test lab fraud
12. Verify doctor registration on NMR
13. Medical negligence complaint — State Medical Council evidence

If your Council reply is slow or evasive, the appeal ladder and the writ route are explained in plain language in The RTI Playbook — a free, step-by-step reference for citizens filing and chasing RTI applications. Pair the template above with the Playbook's appeal drafting and complaint-tracking chapters so a single application does not stall at the first silence.

This site runs on citizen support. If this guide helped you hold a Council to account, make a small donation to keep the Playbook and these explainers free for the next family that gets no answer.

1. National Medical Commission Act, 2019 (Act 30 of 2019) — India Code
2. NMC RMP Professional Conduct Regulations, 2022 (Sections 39–45) — NMC Rules and Regulations page
3. Right to Information Rules, 2012, Rule 3 (Rs.10 fee for central public authorities), G.S.R. 603(E) dated 31 July 2012
4. Indian Medical Association v. V.P. Shantha, (1995) 6 SCC 651 — SCI DigiSCR
5. Jacob Mathew v. State of Punjab, (2005) 6 SCC 1 — Indian Kanoon
6. NMC Complaints Portal — nmc.org.in/complaints
7. Ministry of Health and Family Welfare — mohfw.gov.in
8. PIB: National Medical Commission constituted (25 September 2020) — PIB PRID 1595956
9. Kerala State Medical Council RTI page (Rs.10 fee, 30-day limit)
10. National Doctors Day 2026 — patient rights and public health

Last reviewed: 10 July 2026.