On Thursday, the Supreme Court rejected a plea that sought to require doctors to fully disclose all potential risks and side effects of medications to their patients. The case, brought forward by petitioner Jacob Vadakkanchery, was an appeal against a previous decision by the Delhi High Court, which had dismissed the petition back in May.
Court's Deliberations
A bench of Justices BR Gavai and KV Viswanathan assessed the feasibility of imposing such a rule on medical professionals. They concluded that it would not be practical to enforce, given the potential burden it could place on general practitioners. Advocate Prashant Bhushan, representing the petitioner, argued that doctors should be obligated to inform patients of potential side effects to ensure informed decision-making and to reduce the risk of medical negligence claims under the Consumer Protection Act.
Bhushan proposed a simple solution — a printed form listing possible side effects — to streamline the communication process. He also highlighted concerns from the World Health Organization about the harm caused by improper medication prescriptions.
Supreme Court's Decision
The bench acknowledged the challenges of prescribing medications for diverse medical conditions and the dissatisfaction within the medical community over being subject to the Consumer Protection Act. Ultimately, the Supreme Court supported the Delhi High Court’s earlier decision. The High Court had emphasized that the duty to inform patients of medication risks lies primarily with manufacturers and pharmacists, not doctors, as specified by existing legislation.
Balancing Responsibilities
The petitioner’s plea was based on the principle that patients deserve complete transparency to make well-informed health choices. However, the High Court had noted that the current laws already require drug manufacturers and pharmacists to provide this information, and extending that duty to doctors could be seen as overstepping judicial boundaries.
The Supreme Court's ruling underscores a cautious approach, balancing the need for patient awareness with the practical realities of medical practice, affirming that the existing system for conveying medication risks remains adequate.
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