Medical negligence — RTI for enquiry & action

Medical negligence — RTI for enquiry & action — RTI Wiki

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

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

5 questions to ask

  1. Complaint registration.
  2. Enquiry committee.
  3. Deposition records.
  4. Action taken.
  5. 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

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

Last reviewed: 25 April 2026.

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