Doctors Should Write In Capital Letters Or Legible Handwriting : Orissa High Court

In an interesting order, the Orissa High Court has directed the Chief Secretary, Government of Odisha to issue direction to all the doctors of the State to write medical prescriptions, post-mortem reports and all other medico-legal documents either in capital letters or in legible handwriting.

While highlighting the difficulty faced by the judicial officers to comprehend “zig zag handwriting” of doctors, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed:

“In many cases, the casual approach of most of the doctors while writing the postmortem report is affecting the comprehension medico-legal documents badly and the judicial system finds it very difficult to read those letters and come to a definite conclusion.”

The Court was hearing a case filed by one Rasananda Bhoi, who had filed the writ petition seeking direction to the State to provide him ex-gratia compensation as his son had died of snake biting.

In a previous order, the Court had directed the doctor, who conducted the post-mortem examination over the dead body of the deceased, to remain present in virtual mode and render his opinion as to cause of the death.

In compliance of the said direction, the doctor appeared before the Court in virtual mode and presented his opinion in the form prescribed. However, when the Court attempted to read the opinion, it was unable to comprehend anything as the handwriting was not legible.

“The said opinion was written under the head “MORE DETAILED DESCRIPTION OF INJURY OR DISEASE”. Under such head, he has written something which is not legible and cannot be comprehended in ordinary course of reading unless the writer himself or handwriting expert is invited to examine such description,” the Court said.

Being irked by such practice prevalent among doctors to write in casual handwritings, the Court observed that the tendency of writing such zig zag handwriting, which cannot be read by any common man or by judicial officers, has become a fashion among the doctors of the State.

“Substantial number of doctors in the State resort to such handwriting which cannot be read by any ordinary person. In such view of the matter, the Chief Secretary of the State is directed to issue a circular to all the Medical Centers, Private Clinics and Medical Colleges and Hospitals directing them to write in proper handwriting or in a typed form when they are prescribing medicine or writing some medico-legal reports,” it directed.

The Court, however, acknowledged the busy schedule of doctors as well as their immense contribution to the public during the pandemic and in other medical emergencies. Despite of that, it felt that the doctors should take care of their handwriting while prescribing or opining something.

“But, at the same time it is generally felt that the medical prescription and medico-legal documents are written in bad handwriting which affects the quality of appreciation of evidence in the judicial system. Hence, it is expected that any doctors, who are dealing with medico-legal issues and writing casually with very poor handwriting, are required to change their attitude and write either in capital letter or in a typed form or in good handwriting so that the judicial system does not suffer from unnecessary fatigue in reading their handwriting,” it added.

After the contents of the opinion-sheet were read over by the doctor, the Court came to the conclusion that the son of the petitioner had in fact died of snake biting and accordingly, directed him to approach the concerned Tahsildar seeking the compensation amount.

Counsel for the Petitioner: Mr. P.K. Nayak, Advocate

Counsel for the State: Mr. G.R. Mohapatra, Addl. Standing Counsel

Case Title: Rasa @ Rasananda Bhoi v. State of Odisha & Ors.

Case No: W.P.(C) No. 38461 of 2023

Date of Order: January 04, 2024

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