Court: Doctors Free to Prescribe Costly Drugs
In a significant judgment, the Orissa High Court has ruled that a doctor cannot be held criminally responsible for prescribing expensive medicines, especially in the treatment of serious diseases like cancer unless the drug in question is harmful, of poor quality, or restricted by the government.
The decision was made by Justice Aditya Kumar Mohapatra, who emphasized that a doctor’s decision to prescribe a particular brand or type of drug, even if it benefits a pharmaceutical company—should not be seen as favoritism or financial misconduct, as long as the drug is safe and effective.
Background of the Case
Dr. Rabindra Kumar Jena, who served as the Head of Hematology at SCB Medical College & Hospital in Cuttack between 2013 and 2017, was facing criminal charges filed by the state vigilance department. The case, based on an FIR lodged in December 2017, accused Dr. Jena of misusing his position by allegedly pressuring patients to buy more expensive chemotherapy drugs instead of cheaper alternatives.
It was also claimed that his actions violated the Odisha State Treatment Fund (OSTF) guidelines, which were designed to help underprivileged patients afford treatment for life-threatening diseases like cancer and heart conditions.
High Court’s Key Observations
However, the High Court found these allegations to be baseless. It noted that the OSTF guidelines do not prohibit the prescription of costlier medicines, especially if they are clinically better or more effective. According to the court, the guidelines never stated that doctors must always choose the cheapest drug, regardless of its effectiveness.
Additionally, the court pointed out that the medical prescriptions and bills in question had been reviewed and approved by the OSTF screening committee. At no point did the committee raise objections to Dr. Jena’s prescriptions.
No Expert Review or Prima Facie Evidence
Another major concern highlighted by the court was the lack of a proper expert review before launching criminal proceedings. Justice Mohapatra noted that there was no preliminary inquiry conducted by specialists in the medical field, which is essential when evaluating treatment-related decisions.
He further stated that the FIR did not contain any solid evidence of wrongdoing, and the actions of the prosecution appeared arbitrary and discriminatory.
Court’s Final Verdict
In his April 16 judgment, Justice Mohapatra concluded that continuing the criminal case against Dr. Jena would amount to a misuse of the legal system. He firmly stated that the case did not meet the legal standards required to pursue criminal charges.
He also warned that such legal actions against doctors could create a chilling effect, discouraging them from providing the best possible care to patients due to fear of prosecution.
Source: Inputs from various media Sources
Priya Bairagi
Reviewed by Dr Aarti Nehra (MBBS, MMST)
I’m a pharmacist with a strong background in health sciences. I hold a BSc from Delhi University and a pharmacy degree from PDM University. I write articles and daily health news while interviewing doctors to bring you the latest insights. In my free time, you’ll find me at the gym or lost in a sci-fi novel.
