New Delhi: The Supreme Court on Thursday rejected a plea for mandating medical professionals to specify to patients all kinds of possible risks and side effects associated with prescribed drugs.
The matter came up before a bench comprising justices BR Gavai and KV Viswanathan. The apex court was hearing a plea challenging the Delhi High Court's May 15 order which had rejected the petition.
Advocate Prashant Bhushan, representing the petitioner Jacob Vadakkanchery, stressed that it is an important issue: whether doctors should be obliged to inform their patients about the possible side effects of medicines they are prescribing.
The bench said it is not practical, as a general practitioner may not be able to cater to more than 10 to 15 patients if this is followed, and then there may be cases under the Consumer Protection Act.
Bhushan argued that it will help in avoiding consumer protection cases of medical negligence. The bench orally remarked that doctors were not happy with the apex court verdict, which brought the medical profession within the ambit of the Consumer Protection Act.
Bhushan contended that it will be easy for the doctors to have a printed proforma about the possible side effects of the drugs being prescribed, and added that the World Health Organisation has said about harm to patients due to incorrect medicines being prescribed.
The bench said that a doctor may be prescribing different medicines to different patients. After hearing submissions, the bench said it was not keen on entertaining the plea. "Sorry," said the bench, while dismissing the plea.
The plea in the high court had sought directions to the Centre and the National Medical Commission to mandate all medical professionals practising in the country to specify to a patient (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.
The petitioner had stated that patients have a right to make an informed choice and it should be mandatory for the doctors prescribing the drugs to explain the side effects attached to consuming such medicines to the patient.
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