Delhi High Court dismisses PIL to mandate doctors to specify side effects of prescribed drugs
The order notes that the petitioner, Jacob Vadakkancherry, had not disputed the sufficiency of information supplied by the manufacturer “through the insert provided with the drug at the time of sale” by the registered pharmacist.
The petitioner had argued that prescribed medications come with side effects, which have the “potential to do much harm” (Representational Image) The Delhi High Court has recently dismissed a public interest litigation (PIL) seeking directions “mandating all medical professionals” practicing in the country to specify to a patient, along with the prescription, “all side effects” associated with a prescribed drug/ pharmaceutical product.
A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, in its May 15 order, said: “The petitioner admits that there exist(s) legislative safeguards with respect to apprising the patient about the possible side effects of the prescribed drugs. Schedule D(II) of the (Drugs and Cosmetics) Act obliges the manufacturer or his agent importing the drug to provide a package insert which shall duly disclose the side effects of the drugs to the consumer. In addition, Regulation 9.11 of Chapter 4 of the (Pharmacy Practice) Regulations imposes a duty on the registered pharmacist to apprise the patient/ carer about the possible side effects, etc.”
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