Bombay HC: Prescribing Medicine without Diagnosis is Culpable Homicide

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July 27, 2018

It has been reported by the Indian Daily, Indian Express that the High Court of Bombay in a recent case has observed that prescribing of medicines to patients without conducting diagnosis amounted to the offence of culpable homicide.

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In the case, the High Court was hearing anticipatory bail plea of two Doctors against whom complaint had been lodged with the Police for offence under Section 304 of IPC (culpable homicide not amounting to murder).

Reportedly, in the case, the accused Doctor was prescribing medicines to the deceased patient telephonically.

In view of the facts and circumstances, the High Court of Bombay has remarked “Prescription without diagnosis would amount to culpable negligence. This amounts to gross negligence from the point of standard of care and recklessness and negligence, which is a tricky road to travel.”[1]

The aforesaid judgment/order of Bombay High is a landmark one as it also raises question on the rampant use of applications which render medical advise online.

Once the judgment in the case is out, we shall provide the entire details of the case.

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[1] As quoted by the Indian Express