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Hospitals should not insist upon patients to buy disposables and drugs only from their pharmacy: PIL |
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Hospitals should not insist upon patients to buy disposables and drugs only from their pharmacy: PIL
Dr KK Aggarwal and Ira Gupta,  16 May 2018
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A PIL bearing Writ Petition (Civil) No. 337/2018 titled as "Siddharth Dalmia & Anr. versus Union of India & Others" has been filed and the same was listed for hearing on 14.05.2018 before the Honble Supreme Court of India. 

The said PIL seeks Writ of Mandamus or any other appropriate Writ, order or direction under Article 32 of the Constitution of India, banning the Hospitals from compelling and forcing the patients and their attendants to mandatorily purchase medicines, medical devices and implants, and medical consumables from the Hospitals or hospital pharmacies only, and further declare and direct that the patients and their attendants shall be free and have the choice to purchase medicines, medical devices and implants and medical consumables from the vendor of their choice and the Hospitals cannot compel the patients their attendants to buy medicines, medical devices and implants and medical consumables from Hospitals or hospital pharmacy, and give appropriate directions to the Respondents ban the above malpractices and protect the interests of the buyers of the medicines, medical devices and implants and medical consumables.

Also, the PIL seeks  Writ of Mandamus or any other appropriate Writ, order or direction under Article 32 of the Constitution of India, directing the Respondents to ensure that appropriate notice boards are put at appropriate and prominent places in the Hospitals and the hospital pharmacies that the patients and their attendants are free and have the choice to purchase medicines, medical devices and implants and medical consumables from the vendor of their choice including the hospital pharmacy

A Bench of Honble Mr. Justices SA Bobde and Honble Mr. Justice L Nageswara Rao which heard the matter on 14.05.2018 has been pleased to issue notice to the Central and State governments.

The case of the petitioners is that Hospitals and hospital pharmacies compel and force the patients to buy medicines from Hospitals and hospital pharmacies at MRP, or manipulated and artificially inflated prices leading to looting and profiteering at the cost of human life and suffering, when the medicines are available at lesser and heavily discounted prices in the open market from medical shops, retailers, dealers and distributors duly licensed and regulated by the Drug Control Department of state and central governments, by taking advantage of the ignorance,  plight and adverse circumstances of the patients in the Hospitals all over India, and the Respondents despite knowing all these malpractices adopted by the Hospitals, have shut their eyes and totally ignored the interest and well-being of the patients, which they are bound to protect as the hospitals over which the Respondents have complete power and authority, and these acts of financial malpractices by the hospitals all over India are against the humans, humanity, morality and the right of the citizens of Indian to live a dignified and respectable life, and die in a dignified and peaceful way as mandated under Article 21 of the Constitution of India.

Also, it is obligatory on the Respondents to provide best and affordable health care to the citizens of India, and such practices by the Hospitals, who are under the immediate control of the Respondents are against morality, public health, right to live a dignified and healthy life and public interest. And  there is no law or policy framework to prevent this misuse, fleecing and looting by Hospitals, and the Respondents have left the people of India in the unscrupulous hands and the regressive regime of Hospitals.


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  • Dr Narsing Padhi 26 May - 15:57 hrs

    That is wonderful. Buy the drugs and appliances of your choice. The failure of drug or appliance will be your responsibility.

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  • Dr Vipul Gattani 21 May - 20:00 hrs

    Medicines for indoor patients must be provided from the Hospital pharmacy only. When patients are admitted in hospital, it is the responsibility of hospital and doctor what kind of medicines or which food patient is getting. How can one rely on outside food and similarly the medicine and also lab reports done at substandard laboratory. Yes, there should be capitation on MRP, but then who decides MRP. Its decided by government. The very similar way of stent price capitation.

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  • Dr indula panchal 21 May - 07:04 hrs

    It should be widely spread among the consumers to bring the awareness not only by putting up on the notice board of the hospitals & the hospital pharmacies but also to spread widely by write up in the newspaper of the different languages and by other medias.

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  • Dr Jaydip Mukhopadhyay 18 May - 08:31 hrs

    Absolute right step.

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  • Dr Anil kumar Patra 17 May - 18:25 hrs

    Commendable initiative !...

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  • Dr PRABHA RAO 16 May - 12:30 hrs

    Personally, I prefer everything needed to be made available under one umbrella. I have a doubt, can a patient bring a doctor of his / her choice to get treated in a hospital? Exploitation has become a norm rather than an exception. How can we say that only the hospitals charge MRP? Health sector in general has to be more humane.

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  • Dr gopal dash 16 May - 12:05 hrs

    What about government hospitals?

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  • Dr Malooksingh Gujral 16 May - 10:05 hrs

    A few years ago I had moved a similar application to the then district magistrate Indore,Mr Aakash Tripathi & had explained to him personally & he took keen interest & within a few days he issued an order under sec 144 of crpc banning all the hospitals,nursing homes from such practices & the order further stated that Signages shall have to be placed in all such places that the patients are free to buy medicines etc & the investigations done at the place of their choice.Getting a copy of this order from D M Indore could be of some help in this case.

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  • Dr Manjit Singh 16 May - 09:56 hrs

    It takes years to make a brand i.e. a hospital. Overnight drug shops,labs by DMLT,physio centres come up.Also the x-ray centres.My humble request to all colleagues is to sell medicines 5 - 7 per cent below MRP and only 100percent mar gin on consumables.Few hospitals dispense medicines which come with different MRPs

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  • Dr Manas Datta 16 May - 07:40 hrs

    Definitely this practice needs to be modified.. maybe medicines can be bought from the pharmacy at the wholesale rates and not the MRPs, because otherwise we wudnt have any idea about the quality of the medicines. Disposables like napkins, body swipes, etc can definitely be bought from outside..

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