Prescribing online from India.. Legal implications

[Guest guest]

Respected Vaidyas,

 

Please accept my pranams. I have consulted an advocate friend of mine on the

issue. If this group so wishes I am willing to go in for a paid consultation

with a senior lawyer on the subject.

 

As my advocate friend advised me, doctors are generally treated as service

providers as per Indian law. Therefore if any doctor gives any advise for free

and with the definite intention of helping the patient then he cannot be held

liable for any lapses as, not having received any money, he does not come under

the ambit of a service provider and the patient does not become his customer.

Regarding online prescription my friend believes the Indian law is silent. My

friend also told me that there is no instance of any alternate physician in

India being punished by law unless he does not have any valid degree or he

prescribes medicine which does not come within the ambit of his speciality. If

any ayurved prescribes an allopathic medicine or an allopathic doctor precribes

ayurvedic medicines they may be hauled up by the medical council in India. There

have been instances of quacks posing as ayurvedic doctors and prescribing banned

allopathic drugs being rounded up by the law.

 

However my friend also informed me that it has also been legally declared in

India that a doctor in India cannot be held liable for criminal negligence.

However he may face a civil law suit and also be tried by the medical council.

This does not apply to those doctors who give their services for free to help

the poor and the needy.

 

Moreover both Dabur and Himalaya have online prescription facilities as a free

initiative. However they do gain out of it as the patients are advised medicines

from their own products. Being corporate houses they must have ensured that such

online prescription does not have any legal hassles.

 

The above subject is very important as patients routinely use this group to seek

treatment and advise. If vaidyas do not help them then this group may become a

mere pedantic exercise and loose its relevance.

 

Therefore I feel, as per information made available to me, vaidyas prescribing

nidan's (prescription and advise) need not be worried about any legal obstacles.

 

I would request the group to kindly air their own comments on the issue so that

the matter is resolved once and for all for the benefit of the patients. After

all vaidyas exist because of patients don't they?

 

Again I reiterate that I am willing to go in for a paid consultation with any

reputed lawyer if the vaidya's here so require.

Respectful regards,

Jagannath.