If a doctor has treated you unethically, negligently, or has violated your rights as a patient, you can file a formal complaint with the National Medical Commission (NMC) — the statutory body that governs medical practice in India. This is separate from filing a consumer forum complaint for compensation. An NMC complaint is a disciplinary action — its purpose is professional accountability, not financial redress.

This guide explains who handles NMC complaints, what grounds qualify, and exactly how to file.

Who Handles Complaints Under the NMC?

Under the NMC Act, 2019, complaints against registered medical practitioners are handled by the Ethics and Medical Registration Board (EMRB) — one of the four autonomous boards under the NMC. The EMRB:

  • Maintains the National Medical Register of all registered doctors in India
  • Investigates complaints of professional misconduct and ethical violations
  • Has the power to suspend or permanently remove a doctor's registration
  • Can impose conditions on a doctor's licence to practise

Before the NMC Act, this function was handled by the state medical councils (and previously the MCI). State medical councils still handle first-level complaints in most cases — the EMRB handles appeals from state council decisions and matters of national significance.

Should I Complain to the State Council or NMC/EMRB Directly?

In most cases, the correct first step is to complain to the State Medical Council of the state where the doctor is registered and where the incident occurred. Each state has its own council — for example, the Delhi Medical Council (DMC), the Maharashtra Medical Council (MMC), or the Tamil Nadu Medical Council.

If the state council does not act, acts inadequately, or if you are dissatisfied with its order, you can appeal to the EMRB/NMC. The NMC also has the authority to take suo motu cognizance of serious cases.

Grounds for Filing a Complaint

The NMC Code of Medical Ethics and the EMRB regulations list conduct that qualifies as professional misconduct. Grounds include:

  • Medical negligence — treatment below the accepted standard of care
  • Failure to obtain informed consent
  • Misrepresentation of qualifications — claiming degrees, specialisations, or titles not held
  • Issuing false certificates — medical, fitness, or death certificates
  • Sexual misconduct toward a patient
  • Breach of patient confidentiality
  • Refusing emergency treatment
  • Performing procedures without qualification
  • Advertising or making unsubstantiated claims
  • Over-investigation or over-treatment for financial gain

Step-by-Step: How to File a Complaint

Step 1 — Identify the Correct Council

Find out which state the doctor is registered in. The doctor's registration number (available on the NMC's National Medical Register website) will show the state of registration. File your complaint with that state's medical council.

Step 2 — Prepare Your Complaint

Your complaint should be in writing and include:

  • Your full name, address, and contact details
  • The doctor's full name, registration number, and hospital/clinic address
  • A clear, chronological account of what happened — dates, events, conversations
  • The specific conduct you are complaining about and why it was wrong
  • The relief you are seeking (e.g., inquiry and disciplinary action)

Step 3 — Attach Supporting Documents

Include as many of the following as are relevant:

  • Medical records, case sheets, test reports
  • Prescriptions and bills
  • Photographs of injuries or conditions
  • A second medical opinion in writing
  • Written communication with the hospital
  • Witness statements, if any

Step 4 — File the Complaint

Submit the written complaint along with copies of all supporting documents to the Registrar of the State Medical Council. Most councils accept complaints by post and some now have online portals. File two copies — one for the council and one for your own records (stamped as received).

Step 5 — The Inquiry Process

Once your complaint is received:

  1. The council will send a notice to the doctor, asking for their response within a specified period
  2. An inquiry committee or ethics committee will be constituted
  3. Both you and the doctor may be called to appear and present your case
  4. The committee submits its findings to the full council, which passes an order

Step 6 — Possible Outcomes

The state council can:

  • Dismiss the complaint if no case is made out
  • Issue a warning to the doctor
  • Suspend the doctor's registration for a specified period
  • Permanently remove the doctor from the register (erasure)

Step 7 — Appeal to NMC/EMRB

If you are dissatisfied with the state council's order — or if it has not acted within a reasonable time — you can file an appeal before the EMRB. Further appeals from EMRB orders lie before the NMC, and from there to the Courts.

Timelines

State medical councils are notoriously slow. Complaints can take one to three years (or longer) to be resolved. If urgency is required — for example, a doctor is continuing to practise and poses an ongoing danger — you may apply for an interim suspension, which the council can grant pending investigation.

Is an NMC Complaint Enough?

An NMC or state council complaint alone does not secure financial compensation. For compensation, you must separately file a consumer forum complaint or a civil suit. The two proceedings are independent and can run simultaneously. Many patients file both: the council complaint for accountability and the consumer complaint for compensation.

Our team at Medico Legal Services can guide you through both processes — from drafting your complaint to representing you before the relevant authorities. Contact us for a free initial assessment.