The petitioner had stated that patients have a right to make an informed choice and it should be mandatory for the doctors prescribing the drugs to explain the side effects attached to consuming such medicines to the patient.The petitioner had told the high court that upon being made aware of the side effect of the drug being prescribed by the doctor, the patient will be able to make an informed choice whether to consume it or not.”The petitioner does not dispute with respect to the sufficiency of the information supplied by the manufacturer through the insert provided with the drug at the time of sale by the registered pharmacist,” the high court had noted.”Since the legislature in its wisdom has elected to impose this duty on the manufacturer and the pharmacist, we do not find any ground for issuing a direction as prayed for in this PIL as it would amount to judicial legislation,” the high court had said.Dismissing the plea, it had said since it was admitted in the public interest litigation (PIL) that there was no vacuum, the directions prayed for cannot be issued.
Source link
