Posted By :  Admin1

In a significant judgment, the Bombay High Court has ruled that doctors cannot be subjected to criminal prosecution solely for prescribing costlier medications to their patients. The court emphasized that as long as physicians adhere to the established medical guidelines and standards, the choice of prescribing branded or more expensive drugs does not constitute a criminal offense. 

This decision arose from a case where a doctor faced legal action for prescribing a higher-priced medication instead of a generic alternative. The court clarified that the selection of a particular drug, even if more expensive, falls within the professional discretion of the doctor, provided it aligns with the patient's medical needs and the prevailing medical standards.

The ruling underscores the importance of protecting medical professionals from unwarranted legal challenges related to their prescription choices. It also highlights the necessity for clear guidelines and understanding regarding the prescription of medications, ensuring that doctors can make informed decisions in the best interest of their patients without fear of legal repercussions.