A doctor is expected to administer the medicines to his/her patients as per the instructions, including the maximum dosage, stated on the package of the medicine. A doctor cannot deviate from the instructions given on the package of the medicine or any medical equipment.

If the doctor properly follows all the instructions, as mentioned on the package of the medicine or any medical equipment, then the doctor cannot be held for medical negligence, if the medicine fails to work.

In the matter of Malay Kumar GangulyvsSukumar 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.”