Medical Prescriptions' Legibility: P&H High Court Grants Patients the Basic Right to Readable Prescriptions Issued by Physicians
In a significant move towards enhancing the quality and safety of healthcare in India, the Punjab and Haryana High Court has ordered the governments of Punjab, Haryana, and Chandigarh to complete the process of computerizing or typing prescriptions within the next two years.
The Court, acknowledging the importance of legible and preferably digital prescriptions in the present era of technological advancement, stated that illegible handwriting creates inefficiencies and limits the potential benefits of digital health innovations and technology. This decision follows similar directions issued by the Orissa and Uttarakhand High Courts.
The Court emphasized that the issue at hand is the patient's right to know about their treatment. Unclear prescriptions, it was noted, jeopardize the quality and safety of patients, hindering broader access to care and the patient's right to give free consent.
Justice Jusgurpreet Singh Puri of the Punjab and Haryana High Court has requested the National Medical Commission to inculcate the importance of clear handwriting in medical prescriptions as part of the curriculum in medical colleges across India.
In a landmark ruling, the Punjab and Haryana High Court declared 'legible medical prescription and diagnosis' as a fundamental right under Article 21 of the Constitution of India. The Court took suo motu cognizance of the issue while hearing a bail plea and found a medico-legal report to be illegible.
Following the Court order, the Punjab and Haryana governments have asked all doctors to write prescriptions in capital or bold letters. The Court has also directed doctors in these regions to write medical prescriptions in capital letters until computerized or typed prescriptions are adopted.
The Court's decision comes after a series of incidents where illegible prescriptions have led to ambiguity and confusion, potentially endangering a patient's life or health. In 2018, the Allahabad High Court imposed a fine of ₹5,000 on a state doctor for illegible handwriting in a medico-legal report.
The case was represented by Advocate Navjit Singh for the Union of India, Advocate Avinit Avasthi appeared for PGIMER Chandigarh, and Standing Counsel Ravi Sharma and advocate Raywant Kaushish represented the National Medical Commission. Advocate Tanu Bedi served as amicus curiae in the case, assisted by several other advocates.
The State of Haryana was represented by Deputy Advocate General Vishal Kashyap, the State of Punjab by Advocate Karunesh Kaushal, and the Union Territory of Chandigarh by Public Prosecutor Manish Bansal with Additional Public Prosecutor Sandeep Vashisht.
In February this year, the Court took a prime facie view that patients have a right to know their medical prescription. The Court's decision underscores the dedication of doctors and the medical profession to national service while stressing the importance of safeguarding the Fundamental Rights of Indian citizens.
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