Right To Legible Medical Prescription Is A Fundamental Right: P&H High Court Directs Doctors To Write In Capital Letters

The Punjab and Haryana High Court has said that the right to receive a legible medical prescription is a fundamental right under Article 21 of the Constitution. Emphasizing the critical role clear prescriptions play in safeguarding patient health and ensuring proper medical treatment, the Court directed the States to comply with an advisory whereby doctors were directed to write prescriptions in capital letters until a comprehensive system of digital prescriptions is implemented.

Justice Jasgurpreet Puri said, "Considering the Affidavits and instructions issued by States of Haryana, Punjab and Union Territory of Chandigarh...that advisory/directions have been issued to all the doctors of their respective State/UT that in case of handwritten prescription slips and diagnosis, all medical prescriptions/diagnosis shall be written in CAPITAL letters by all doctors till the time computerized/typed prescriptions are adopted, the three States (Haryana, Punjab and UT Chandigarh) are directed to meticulously comply with their own instructions and affidavits submitted in this Court and ensure that the same are complied with in letter and spirit."

The Court added that, the States of Punjab, Haryana and the Union Territory, Chandigarh shall in coordination with the State Medical Commission, if any, make endeavours to inform and sensitize all the doctors within their respective jurisdictions by holding periodic meetings at district level under the supervision of Civil Surgeon.

The bench also directed the Union of India to comply with the inputs  issued by the Under Secretary to the Government of India as reproduced before the Court for issuing appropriate Notification for Minimum Standards in the Gazette of India as expeditiously as possible.

While noting that PGIMER is already under the process of implementation of a medical software HIS-II wherein Medical e-prescription is a part of the Doctor Desk Module, the judge said,"PGI shall ensure its implementation as expeditiously as possible and preferably within two years."

It also directed Governments of Punjab and Haryana in order to achieve the objective of computerization/typed prescriptions, sincere efforts be made for framing a comprehensive policy in this regard with due emphasis on providing financial assistance, if so required by Clinical Establishments/doctors and complete the exercise within two years.

Illegible Medical Prescriptions Undermine Informed Healthcare and Limit Benefits of AI and Digital Health Access

The Court said that, in progression of informed citizens, it becomes likely for most of us to check the medical prescription/diagnosis which has been provided by the doctor in order to lookout for any relevant information which might be available regarding the same on digital platforms. This practice has been further aided by the introduction of Artificial Intelligence where all the curated information on any subject lies just a click away.

"The problem of illegible handwriting creates a gap resulting in inefficiencies and further limits the potential benefits of digital health innovations and technology which is readily available," it added.

Illegibility Can Take On Patient's Health

Justice Puri highlighted that, although accessibility of deep research information has been simplified with the advent of digital technology but the wisdom and professional skills of a qualified doctor cannot be matched or replaced.

"The issue involved herein is not an issue of substitution which otherwise could be counter productive to the health of patients but the issue involved is only a right to know about the treatment being carried on towards him. Illegibility leads to ambiguity and confusion which can in turn take on a patient's life or health," the Court added.                                                                                                                                                                                                                                                  

Law & Society Change Each other

The Court observed that, the Constitution being a living document is capable of adaptation and transformation in response to the evolving needs of society and the progressive development of law. Law and society are never static and they change each other being dynamic. 

The bench clarified that it holds highest respect and regard for doctors and the medical profession, acknowledging their dedication to national service but at the same time, "it is equally important to ensure that the Fundamental Rights of the people of India are duly safeguarded."

The development occurred during the hearing of an anticipatory bail application, in which, upon reviewing a medico-legal report (MLR), the Court was shocked to discover that not a single word in the medical report was legible.

Mr. Aditya Sanghi, Advocate, Ms. Shaveta Sanghi, Advocate

Mr. Pradeep Bhardwaj, Advocate and Mr. Himanshu Garg, Advocate for the petitioner.

Mr. Vishal Kashyap, DAG, Haryana.

Mr. Karunesh Kaushal, AAG, Punjab.

Mr. Manish Bansal, P.P., U.T., Chandigarh and Mr. Sandeep Vashisht, APP, U.T., Chandigarh.

Mr. Navjit Singh, Central Government Counsel for the Union of India.

Mr. Ravi Sharma, Standing Counsel and Mr. Raywant Kaushish, Advocate for National Medical Commission (NMC).

Mr. Avinit Avasthi, Advocate for the PGIMER, Chandigarh.

Mr. M. S. Randhawa, Advocate for respondent No.2.

Ms. Tanu Bedi, Advocate as Amicus Curiae with Ms. Simran, Advocate, Mr. Vibhu Agnihotri, Advocate, Mr. Pushp Jain, Advocate, Ms. Hanima Grewal, Advocate.

Title: XXXXX v. XXXXX