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Can a doctor be struck off the register for negligence?

Can a doctor be struck off the register for negligence?

26-Aug-2025

Medical Negligence

Answer By law4u team

Yes. A doctor in India can be struck off the medical register for proven negligence, but only after following due process under medical ethics regulations. When it can happen • If the negligence amounts to professional misconduct under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (now under the National Medical Commission). • If the act shows gross incompetence, reckless disregard for patient safety, or serious ethical violation. Process • Complaints are investigated by the State Medical Council or the Ethics and Medical Registration Board (EMRB) under the National Medical Commission. • The doctor is given a chance to present a defence. • If found guilty, penalties can include: – Warning or censure – Temporary suspension from practice – Permanent removal (striking off) from the medical register Effect • Striking off means the doctor loses the legal right to practice medicine anywhere in India. • In addition to disciplinary action, if the negligence amounts to a criminal offence under the Bharatiya Nyaya Sanhita, 2023 (e.g., causing death by negligence), criminal prosecution can also run parallel.

Answer By Ayantika Mondal

Dear Client, Yes, a doctor can have their license suspended for carelessness, but that is a very serious and complex process. What Does "Struck Off" Mean? Struck out is the term used to remove a doctor’s name from the registered list at the National Medical Council. In India, the National Medical Commission (NMC) and state medical councils perform this action. Upon being struck out, a doctor loses his license to practice medicine forever or for a set period of time, which is dependent on the gravity of the case. The Grounds for Being Struck Off The issue that results in a doctor’s striking off is that of serious professional misconduct. Although a single act of minor negligence may not bring about such a severe penalty, a pattern of carelessness or a one-time very serious incident may be classified as professional misconduct. Examples of which a court may rule in favour of striking off a doctor include: Gross Negligence: This is a large step away from what is expected in terms of care from a doctor. Repeated Negligence: A record of many incidents of neglect, which, while small in scale individually. Failure to Obtain Informed Consent: Performing a large-scale procedure without first going over the risks and options with the patient. Abandonment of a Patient: Leaving a patient to die without a plan for their care. The Disciplinary Process The process of a doctor being stricken off is a formal one that goes through many steps: Complaint: A patient, a family member, or a doctor files a complaint. Investigation: The council looks into the issue, which includes a review of medical reports and input from all parties. Hearing: A disciplinary panel that holds a formal hearing for the doctor to present their case. Decision: The committee is the body that determines if a professional doctor has indeed engaged in misconduct. If found guilty, the committee will put forth a penalty, which may include a warning or suspension, or, in the most severe of cases, the doctor’s name will be stricken from the register. The last decision may be appealed to a higher court. We also have in place measures that protect the patient and the public at large, which at the same time guarantee the medical professional a fair process. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!

Answer By Ayantika Mondal

Dear Client, Yes that a doctor may have his name removed from the register of doctors for negligence which is a very serious step in the case of extreme professional misconduct. This procedure is regulated by the medical regulatory bodies in India. Here is a comprehensive breakdown of the legal and regulatory structure:. 1. The Professional Board. In the matter of discipline against a medical practitioner the State Medical Councils (SMCs) and the National Medical Commission (NMC) (which took over from the Medical Council of India) are the authorities. Reports of professional misdeeds that include issues of negligence are first reported to the appropriate State Medical Council which the doctor is a member of. The SMC’s Ethics Board looks into the issue, conducts an investigation, and gives the doctor in question a chance to present his side. The NMC in that which of appeal. Should a doctor have issue with a SMC decision or a complainant with their outcome an appeal to the NMC may be put forth. 2. What is Professional Misconduct? The in 2002 the Indian Medical Council put forth the Professional Conduct, Etiquette and Ethics regulations which were followed up by the National Medical Commission’s later regulations. “Professional misconduct” is a very wide term which includes without being limited to the following:. Negligence: This is a basic element which brings about disciplinary action. It is expected that a doctor will put forth a reasonable amount of skill and care. Should a doctor fall short of this mark it may be seen as negligence. The standard of care is not the best possible skill but what an "average man in that field of medicine which he professes to practice” would do. Neglect of a Patient: The regulations report that once a physician has taken on a case they should not turn away from the patient or break off the case without first giving notice. Also reported is that which is of a willful nature and results in a patient not receiving required medical care may be classified as professional misconduct. Gross Negligence: A record of multiple incidents of neglect or a single case of severe carelessness which results in great harm to the patient may see the doctor removed from the register. 3. Penalty for Carelessness. In terms of what the medical council doles out as punishment that is to say for the issue at hand which may range from mild to very serious the penalties may include a warning or suspension of the doctor’s registration. Warning: For first and time offenders. Suspension: For a time, which the doctor is not to practice. Removal of Name from the Register: This is the most harsh form of penalty which also goes by the term of being "struck off". What it means is the doctor’s license to practice which is forever canceled. This action is taken in very serious cases of proved gross negligence or of repeated serious misconduct. 4. Key Points. Civil and Criminal Liability: Discipline doled out by a medical council is separate from that of the civil and criminal courts. A patient may file a complaint with the medical council, bring a case for compensation which is under the Consumer Protection Act, and also file a criminal case for when the issue is a criminal matter (for instance causing death by negligence which is covered in Section 304-A of the Indian Penal Code). High Judicial Standard: Courts and medical boards are careful in their assessment of medical negligence. They note that which medicine is not a precise science and that which a doctor can’t guarantee a cure. A single mistake in judgment does not usually result in a negligence verdict. The negligence must be of that which is proven to be a great breach of duty. In that which is that we see as a rare event that which allows for a doctor to be struck from the register for negligence does in fact exist which medical councils put forward to protect public health and maintain the integrity of the medical profession. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!