The Supreme Court on Thursday dismissed a plea that sought to mandate doctors to inform patients about all potential risks and side effects of prescribed medications. The plea was a challenge to a previous decision by the Delhi High Court, which had rejected the petition on May 15.
During the hearing, a bench consisting of Justices B R Gavai and K V Viswanathan addressed the practicality of the proposed requirement. “It is not practical,” the bench stated, considering the impact such a mandate could have on the daily practices of general practitioners. Advocate Prashant Bhushan, representing petitioner Jacob Vadakkanchery, argued that the obligation to disclose medication side effects is crucial for patient awareness and could potentially reduce medical negligence claims under the Consumer Protection Act.
Bhushan suggested that doctors could utilize a printed proforma to efficiently communicate the possible side effects of drugs to patients. He also referenced a statement from the World Health Organization (WHO) regarding the harm caused by incorrectly prescribed medications.
The bench noted the complexities of prescribing varied medicines to different patients and acknowledged the medical profession’s dissatisfaction with being included under the Consumer Protection Act’s scope. Despite these considerations, the Supreme Court ultimately echoed the High Court’s rationale, dismissing the plea. The High Court had previously noted that the responsibility to inform patients of drug side effects primarily lies with the manufacturers and pharmacists, as mandated by legislation.
The petitioner had argued that patients have the right to make informed choices based on a comprehensive understanding of potential medication side effects. However, the High Court maintained that since the legislative framework already addresses this issue through obligations imposed on manufacturers and pharmacists, extending these requirements to doctors would amount to judicial overreach.
