Legible Prescriptions a Fundamental Right: Punjab and Haryana HC directs doctors to use capital letters

Chandigarh: Observing that legible medical prescriptions and diagnosis form an essential part of a patient’s right to health under Article 21 of the Constitution, the Punjab and Haryana High Court directed doctors to write prescriptions and diagnosis notes in capital letters until computerisation or typed prescriptions become the norm.

The directive follows a shocking incident where the court was unable to understand a single word from a medico-legal report concerning a rape case due to the illegible handwriting of the doctors involved.

While considering the plea, the court noted that unclear or illegible handwriting in prescriptions can endanger patients’ lives and compromise their right to know what treatment is being given. It further noted that in the age of digital health and artificial intelligence, legible prescriptions are indispensable to ensure that the Fundamental Rights of the people of India are duly safeguarded.

Also read- Punjab Mandates 48-Hour Deadline for Submission of Medico-Legal Reports

Suggesting preventive measures, Single Bench Justice Jasgurpreet Singh Puri asked the National Medical Commission (NMC) to include the importance of clear and legible handwriting in medical prescriptions as part of the curriculum in all medical colleges. The Court said that digital or typed prescriptions should be made a priority across the country.

Holding that the right of patients to clearly understand their treatment is an integral part of the fundamental right to life under Article 21, the bench observed,

“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.”

As per a media report by Bar and Bench, the matter came up when the Court, while hearing a bail plea earlier this year, encountered an illegible medico-legal report. Taking suo motu cognizance, the bench sought responses from Punjab, Haryana, and the Union Territory of Chandigarh. Although the Indian Medical Association was asked to assist, it chose not to appear in the matter.

In subsequent hearings, the States informed the Court that doctors had already been directed to write prescriptions and diagnosis in capital or bold letters until computerised or typed prescriptions are fully implemented.

In its final order, the Court directed that a comprehensive policy be framed to ensure complete computerisation of prescriptions within two years. It further emphasised that financial assistance must be provided to doctors and clinical establishments wherever required.

The Court remarked,

“While looking at the medico-legal report filed by the respondent-State along with reply as Annexure R-1, it shook the conscience of this Court as not even a word or a letter was legible. It is very surprising and shocking to note that in this era of technology and accessibility of computers, the notes on the medical history and prescriptions by Government doctors are still handwritten in a manner that cannot be read by anybody except perhaps some chemists.”

It further observed, “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 made it clear that this move is not about replacing doctors’ expertise with technology, but about ensuring patients’ safety and rights. It added that if prescriptions are unclear, it jeopardises the quality and safety of patients, hindering broader access to care and patients’ right to give free consent without having any knowledge as to what has been prescribed to them.

“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.

While acknowledging the hard work and dedication of doctors, the Court said,

“This Court holds the 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.”

Also read- Right to Medical Reimbursement linked to Right to Life: HC