Supreme Court dismisses plea to mandate doctors to specify drugs' side effects to patients
The Hindu
Supreme Court dismisses plea mandating doctors to specify drug side effects, citing impracticality and existing regulations.
The Supreme Court on Thursday (November 14, 2024) dismissed a plea seeking a direction to mandate medical professionals to specify to patients all kinds of possible risks and side effects associated with a drug being prescribed.
The Supreme Court was hearing a plea challenging the Delhi High Court’s May 15 order which had rejected the petition.
“It is not practical,” said a Bench of Justices B.R. Gavai and K.V. Viswanathan.
Advocate Prashant Bhushan, appearing for petitioner Jacob Vadakkanchery, said the plea raises an important issue as to whether the doctors should be obliged to inform their patients about the possible side effects of medicines they are prescribing.
The Bench observed 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.
“It will help in avoiding consumer protection cases of medical negligence,” said Mr. Bhushan, adding it will be easy for the doctors to have a printed proforma about the possible side effects of the drugs being prescribed.
The Bench observed a doctor may be prescribing different medicines to different patients.
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