Delhi HC turns down petition to mandate doctors to inform patients of drug side effects
Delhi High Court has refused to direct all the medical professionals in the country to specify to the patient all possible risks and side effects associated with a drug, or a pharmaceutical product being prescribed. A bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora dismissed a PIL filed by Kerala-based social worker Jacob Vadakkanchery, also a naturopath, seeking a mandate from the government that medical professionals should specify the side effects in an additional slip in the regional language along with the prescription.
«Since the legislature in its wisdom has elected to impose this duty on the manufacturer and the pharmacist (to state about side effects), we do not find any ground for issuing a direction as prayed for in this PIL as it would amount to judicial legislation,» the HC said in its May 15 order.
The judges noted that while Vadakkanchery had admitted there are safeguards under the existing law with respect to apprising the patient about the possible side effects of the prescribed drugs, the Drugs and Cosmetics Act 1945 obliges the manufacturer or its agent importing the drug to provide a package insert which shall duly disclose the side effects of the drugs to the consumer.
