Ensuring Doctor’s Qualifications and Accountability with Insights into Doctor’s Recruitment Practices in India

Ensuring Doctor’s Qualifications and Accountability with Insights into Doctor’s Recruitment Practices in India

A. The PIL Regarding Public Display of Doctors’ Qualifications

The Delhi High Court in December 2024 has directed the Delhi Medical Council (DMC) to ensure patients can access doctors’ qualifications and mandated the public display of their credentials. This directive, issued in response to a Public Interest Litigation (PIL), addresses concerns about unqualified practitioners and delays in verifying medical qualifications. The court has also instructed the DMC to verify the educational credentials of all doctors in Delhi within a specific timeframe and mandated medical establishments to prominently display practitioners’ complete credentials, including registration numbers, identity cards, and recognized certificates, to enhance transparency and patient safety in healthcare. The court’s order responded to complaints from patients who had difficulty finding a doctor’s medical qualifications. Hospitals often don’t display a doctor’s registration number on their website or in the hospital.

• Focus: Seeks to enhance transparency by mandating the public display of doctors’ credentials and qualifications. It also addresses concerns about unqualified practitioners and delays in verification processes.

B. PIL Regarding DMC Registration Requirements

This year, the court dismissed a PIL [W.P 2635/2024] challenging the DMC’s notice requiring allopathy practitioners to register with the DMC. The court also validated the DMC’s mandate, noting that registration with a state medical council is mandatory for practitioners to practice. The court said that the intent of this is to ensure accountability and enable disciplinary actions.  The court said that making medical practitioners amenable to the regulatory jurisdiction of the state medical council is in the public interest. PIL Challenges the Public Notice dated 24th December 2023 mandates that any person practicing modern medicine in Delhi must be registered with the DMC under the Delhi Medical Council Act, 1997.

• The Notice directs that all Medical Establishments, i.e., Hospitals, Nursing Home, Polyclinics, Charitable Dispensaries, Diagnostic Centers, etc., to ensure the validity of DMC registration of the doctors before utilizing their services and to ensure that the DMC registration of the doctors working therein is renewed every five (5) years as per the DMC Act.

Key areas addressed

While the issues overlap in their broader aim of improving medical practice regulation, they address different aspects of the system. These cases might be linked procedurally or thematically, but they are distinct in their legal challenges and objectives.

C. Recruitment Process for Hiring Doctors

Doctors are hired in private hospitals in India following recruitment processes, but the strictness of these guidelines can vary significantly between institutions. While many leading private hospitals adhere to rigorous hiring standards to ensure quality care, smaller or less-regulated institutions might have more relaxed procedures. Here’s a closer look: Leading private hospitals, particularly those accredited by organizations like the National Accreditation Board for Hospitals & Healthcare Providers (NABH) or international bodies such as Joint Commission International (JCI), often have stringent recruitment guidelines:

Some leading JCI-accredited hospitals in India include:

• Apollo Hospitals
• Fortis Healthcare
• Narayana Health
• Medanta – The Medicity
• Max Healthcare

JCI broadly requires-

• Qualification Verification:
  • Validation of medical degrees, certifications, and licenses.
  • Cross-checking registrations with the Medical Council of India (MCI) or state medical councils.
• Experience and Skills Assessment:
  • Prior clinical experience, specializations, and expertise are thoroughly evaluated.
  • In some cases, reference checks or interviews with senior medical professionals are conducted.
• Background Checks:
  • Background verification for ethical practices, malpractice history, or disciplinary actions.

Variations in Smaller or Less-Regulated Institutions

In smaller private hospitals or clinics, recruitment practices might not always be as rigorous:

• Fewer Checks: Verification of qualifications and background may not be as thorough, especially in regions with lower regulatory oversight.
• Reliance on Referrals: Hiring may be based on personal recommendations rather than formal assessments.
• Focus on Cost: Budget constraints might lead to prioritizing affordability over qualifications, especially in semi-urban or rural setups.

Accreditation incentivizes private hospitals to maintain high recruitment standards to meet compliance and attract patients who value quality assurance.

Challenges in Enforcing Strict Guidelines

• Shortage of Specialists: High demand for certain specialties may compromise hiring standards.
• Regulatory Oversight Gaps: Private hospitals, especially unaccredited ones, may operate with less scrutiny.
• Geographical Disparities: Private hospitals might hire less-qualified doctors in remote areas due to the lack of availability.

In conclusion, the Delhi High Court has taken significant steps to improve transparency in healthcare. It directed the Delhi Medical Council to mandate the public display and verification of doctors’ credentials, aiming to address concerns about unqualified practitioners and verification delays. Additionally, the court upheld the requirement that allopathy practitioners register with the DMC to ensure accountability.

Recruitment processes in private hospitals vary widely. Leading hospitals with accreditation from bodies like NABH and JCI maintain strict hiring standards, while smaller or unaccredited institutions may have more relaxed procedures. Challenges in enforcing strict recruitment guidelines include the shortage of specialists, regulatory oversight gaps, and geographical disparities, which can affect the quality of hiring, particularly in remote areas.

1. Nagarajan Rema (Dec 2024), Times of India, website

2. Dr. Namit Gupta vs. Delhi Medical Council and Anr on 22 February 2024 [DHC- W.P. 2625 of 2024]; Indian Kanoon, Website