Doctors decide which Diagnostic tests are needed, patients cannot dictate: Kerala HC
Ernakulam: In a recent order, the Kerala High Court stated that it is the doctors, and not the patients, who decide which diagnostic tests are required.
Observing that a patient has to follow the advice of the doctor and the matter falls under the diagnostic prerogative of a doctor, the HC bench comprising Justice Bechu Kurian Thomas further made it clear that a patient cannot dictate to the doctor that a particular scan needs to be prescribed.
"Even otherwise, a patient has to go by the advice of the doctor and not the doctor to abide by the 'directions' of the patient. Whether any particular type of scan is required or not is a matter within the diagnostic prerogative of a doctor. A patient cannot dictate to the doctor that a particular scan ought to be prescribed," observed the Court while disposing of a writ petition filed by a retired Indian Air Force veteran.
The plea was filed seeking a direction to the Health Department and doctors at General Hospital, Ernakulam, for conducting a proper medical examination and order diagnostic tests, including CT and MRI scans, for persistent headache and abnormal sensations.
Case Background:
Filing the plea, the petitioner claimed that despite his visit to the General Hospital on June 4, 2026, the treating doctors failed to properly examine him or recommend the diagnostic tests he believed were necessary to identify the condition.
It was further alleged by the petitioner that even though he consulted the doctor and explained his symptoms, there was a failure to examine him properly or diagnose his illness. Allegedly, they even declined to recommend or conduct the requested diagnostic tests, without assigning any reason.
On the other hand, the State submitted that apart from the outpatient ticket obtained by the petitioner, there was no record to show that he had consulted any doctor.
It was argued by the State's counsel that in the absence of any material to establish that the petitioner had consulted a doctor, it was not possible to verify the veracity of the allegations raised in the writ petition. It was further submitted that, normally, a doctor would prescribe the necessary diagnostic tests only after examining the patient and arriving at a provisional diagnosis of the illness.
Observations by the High Court:
The Court opined that no justiciable cause had been made out in the pleadings in the writ petition. "As rightly pointed out by the learned Government Pleader, there are no materials to show that the petitioner had ever consulted any doctor. Not even the name of the doctor has been disclosed. Therefore, it is not possible for the respondents to identify or verify any alleged deficiency on their part," observed the bench.
Further, the bench clarified that a patient has to go by the advice of the doctor and not the doctor to abide by the 'directions' of the patient.
"Having regard to the above circumstances, I find no merit in the writ petition. However, since the learned Government Pleader submitted that the doctors at the General Hospital are ready to treat the petitioner as and when he approaches them, I am of the view that the petitioner may approach the appropriate hospital, including the second respondent, for a proper diagnosis of his alleged illness. Accordingly, the writ petition is closed," the bench ordered.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/2026/07/23/kerala-hc-doctor-diagnostic-tests-361185.pdf
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