'Legible medical prescription a fundamental right of patients, integral to health', says Punjab & Haryana High Court

The issue was first taken up suo motu when the Court found a medico-legal report to be illegible during a bail hearing earlier this year. It had then noted that patients must have the right to understand their prescriptions.

The Punjab and Haryana High Court has ruled that patients have a fundamental right to legible medical prescriptions and diagnoses, holding it as part of the constitutional right to health under Article 21.

Justice Jasgurpreet Singh Puri, in an order dated August 27, said: “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.”

According to a report by Bar and Bench, the High Court urged the National Medical Commission to include the importance of clear handwriting in prescriptions as part of medical education. “This court is of the considered view… that patients have a right to know their legible Medical Prescription/Diagnosis/Medical documents and Treatment,” the judge has been quoted as saying.

Directions were also issued to doctors in Punjab, Haryana and Chandigarh to write prescriptions in capital letters until computerised or typed prescriptions are implemented. The court ordered that efforts be made within two years to frame a comprehensive policy for computerisation, with consideration for financial support to doctors and clinical establishments.

The issue was first taken up suo motu when the court found a medico-legal report to be illegible during a bail hearing earlier this year. It had then noted that patients must have the right to understand their prescriptions.

Despite being asked to assist, the Indian Medical Association did not appear before the court. Following interim orders, Punjab, Haryana, and Chandigarh instructed doctors to issue prescriptions in capital or bold letters.

The court highlighted the growing significance of digital records: “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.”

Observing the role of technology in healthcare, it said: “Everyone in today’s time is well informed… 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.”

Illegible writing, the Court noted, creates inefficiencies: “Illegibility leads to ambiguity and confusion which can in turn take on a patient's life or health.” It stressed that clarity in prescriptions protects patients’ safety and ensures informed consent.

At the same time, the court underlined that its directions were not about undermining doctors’ expertise: “The issue involved herein is not an issue of substitution… but the issue involved is only a right to know about the treatment being carried on towards him.”

The court 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.”

Similar directions on prescription clarity had earlier been issued by the Orissa and Uttarakhand High Courts, while in 2018, the Allahabad High Court imposed a fine on a doctor for illegible handwriting.