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A doctor is expected to administer the medicines to his/her patients as per the instructions including the maximum dosage given on the package of the medicine. A doctor cannot depart from the instructions as given on the package of the medicine or any medical equipment.
If the doctor properly follows all the instructions as given on the package of the medicine or any medical equipment, then the doctor cannot be held for medical negligence, if the said medicine does not work for the patient.
In the matter of Malay Kumar Ganguly vs Sukumar Mukherjee &Ors. AIR 2010 SC 1162, the Hon’ble Supreme Court of India has held that:
“The necessity of following the instructions given in the packet insert cannot be underestimated. Admittedly, the instructions in the said packet insert had not been followed in the instant case. EFFECT OF EXCESS DOSAGE There is, thus, a near unanimity that the doses of glucocorticosteroid and in particular Depomedrol were excessive. From the prescription of Dr. Mukherjee, it is evident that he not only prescribed Depomedrol injection twice daily, but had also prescribed Wysolone which is also a steroid having the composition of Methyl Predinosolone.”