Doctors' handwriting: P&H High Court declares patients have fundamental right to legible medical prescriptions

The Punjab and Haryana High Court has held that ‘legible medical prescription and diagnosis’ is an integral part of right to health and thus a fundamental right under the Article 21 of the Constitution of India.

In a judgment passed on August 27, Justice Jusgurpreet Singh Puri requested the National Medical Commission to take steps to introduce and inculcate the importance of legible and clear handwriting in medical prescriptions as part of curriculum in medical colleges across India.

“This court is of the considered view that Right to Life and Personal Liberty guaranteed under Article 21 of the Constitution of India encompasses the Right to Health, which further includes the Right to Know one’s legible Medical Prescription/Diagnosis/Medical documents and Treatment,” the Court said.

The Court also directed the doctors in Punjab, Haryana and Chandigarh to comply with the instructions on writing medical prescriptions in capital letters till the computerized or typed prescriptions are adopted. 

“Considering the stand taken by the States of Punjab and Haryana that the doctors will be required to write the medical prescription and diagnosis in Capital Letters till the time computerization of the same is done, it is directed that 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. The aforesaid exercise be completed within two years,” the Court further ordered. 

The Court had earlier taken suo motu cognizance of the issue while hearing a bail plea when it had found a medico-legal report to be illegible. In February this year, it had taken a prime facie view that patients have a right to know their medical prescription. 

Though the Court had asked the Indian Medical Association to assist on the issue, nobody appeared on behalf of the doctors' body.

Following the Court order, Punjab and Haryana governments asked all the doctors to write prescriptions in capital/bold letters. The Union Territory of Chandigarh also took a similar stand.

In the final order, the Court said that the importance of legible and preferably digital/typed medical prescription has become pertinent and indispensable, especially in the present era of technological advancement where every information is accessible and available by a click on a screen.

“Everyone in today’s time is well informed and aware of as to how technology can be put to use in their day to day lives. In such 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 Court added.

It further observed that illegible handwriting creates a gap, resulting in inefficiencies and further limits the potential benefits of digital health innovations and technology which is readily available.

However, the Court also emphasized 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 said.

It added that if prescriptions are unclear, it jeopardizes the quality and safety of patients, hindering broader access to care and patient’s right to give free consent without having any knowledge as to what has been prescribed to them.

In concluding part of the judgment, the bench said,

"This Court 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."

Orissa and Uttarakhand High Courts had earlier issued similar directions on legible medical prescriptions. In 2018, the Allahabad High Court had imposed costs of ₹5,000 on a State doctor for his "shabby handwriting" in preparing a medico-legal report.

Advocate Tanu Bedi served as amicus curiae in the case. She was assisted by advocates Simran, Vibhu Agnihotri, Pushp Jain and Hanima Grewal.

Deputy Advocate General Vishal Kashyap represented the State of Haryana.

Advocate Karunesh Kaushal represented the State of Punjab.

Public Prosecutor Manish Bansal with Additional Public Prosecutor Sandeep Vashisht represented the Union Territory of Chandigarh

Advocate Navjit Singh represented the Union of India.

Advocate Avinit Avasthi appeared for PGIMER Chandigarh.

Standing Counsel Ravi Sharma and advocate Raywant Kaushish represented the National Medical Commission.