Supreme Court Dismisses Plea To Direct Doctors To Specify Side Effects Of Medicines In Prescriptions

The Supreme Court today dismissed a plea seeking mandatory disclosure by medical professionals/doctors of risks and adverse effects associated with drugs they prescribe to patients.

The petitioner sought a direction that all medical professionals should specify to a patients (in the form of an additional slip in the regional language) along with the prescription, all kinds of possible risks and side effects associated with a drug or a pharmaceutical product being prescribed.

A bench of Justices BR Gavai and KV Viswanathan passed the order after hearing Advocate Prashant Bhushan (for the petitioner), who argued that a large part of harm to patients is associated with adverse effects of medicines. It was also the counsel's submission that "informed consent" of a patient includes his being informed about contraindications, etc. of the the treatment being prescribed.

It was claimed that though pharmacists have an obligation to put a note inside the medicine package box as to what are the contraindications or adverse effects of the subject medicine, there is no similar obligation on doctors. "There are some innocuous medicines, but some have serious side effects...just a printed thing should be given...because patient only looks at what the doctor tells him. He doesn't look at the pharmacist", he said.

The bench however expressed that the prayer was not practical, inasmuch as general practitioners would not be able to attend more than 10-15 patients if the practice was followed. Besides, pharmacies are extremely crowded and there are likely to be large number of consumer cases.

In reply, Bhushan asserted that doctors can have a printed proforma outlining the effects of medicines. But Justice Gavai pointed out that patients are prescribed different medicines. "As it is, doctors are unhappy about their being brought under Consumer Protection Act," the judge said.

Justice Viswanathan, on the other hand, supplemented that the only thing that can be done is to have a board displayed in pharmacies in the local language which advises the buyer/patient to read the medicine cover properly.

The petitioner had earlier approached the Delhi High Court, which dismissed his petition, observing that it was a matter of legislative policy.

Case Title: JACOB VADAKKANCHERY Versus UNION OF INDIA AND ANR., Diary No. 48665-2024