INDIAN CASE SPOTLIGHTS HOW DOCTORS’ HANDWRITING CAN BECOME A LEGAL LIABILITY

Introduction

In a widely shared judgment delivered on August 27, 2025, the Punjab and Haryana High Court, in India, addressed a critical yet often overlooked issue in the Indian healthcare system—doctors’ handwriting. Justice Jasgurpreet Singh Puri, while presiding over a bail hearing in a criminal case involving allegations of rape, cheating, and forgery, encountered a medico-legal report that was riddled with illegible entries. This prompted the court, on its own accord, to take cognisance and expand the scope of the hearing to address the broader implications of illegible medical documentation.

Constitutional implications under Article 21

The court declared that a legible medical prescription and diagnosis is a fundamental right under Article 21 of the Constitution of India, which guarantees the right to life. Justice Puri emphasised that illegible handwriting in medical prescriptions and reports can lead to life-threatening consequences, thereby violating patients’ constitutional rights.

Court directives

To address the issue, the court issued several directives aimed at improving the clarity of medical documentation including that:

1. All doctors must write prescriptions in capital letters until digital systems are fully implemented.
2. Medical schools must incorporate handwriting training into their curriculum.
3. The National Medical Commission was directed to ensure compliance with these measures.
4. Electronic prescriptions should become the norm within two years.

Legal significance

This judgment sets a precedent for holding medical professionals accountable for the legibility of their documentation. It expands the interpretation of Article 21 to include clarity in medical communication, thereby reinforcing the importance of patient safety and informed medical care.

Relevance for South African Medical profession

The Punjab and Haryana High Court’s judgment is important for South African doctors and other healthcare professionals, particularly in the context of medical professional indemnity policies and the increasing rate of medical malpractice claims.

In South Africa, there is a significant number of medical malpractice court cases and complaints in various regulatory bodies, with claims often stemming from miscommunication, misdiagnosis, or prescription errors. It is not uncommon for illegible handwriting on medical records and prescriptions to be raised as a contributing factor to some of the cases and/or complaints. This judgment underscores the importance of clear and legible documentation as a safeguard against legal liability.

A precedent like the Indian case under discussion could influence local policy reforms, encouraging regulatory bodies to mandate legibility standards or promote digital prescription systems. This may be necessary to protect various health rights, including a Section 11 constitutional right to life.