Orissa High Court Directive on Doctors' Handwriting

New Delhi: Highlighting the difficulty faced by the common men or judicial officers to understand the 'zigzag handwriting' by the doctors, the Orissa High Court recently directed the State Government to issue a circular asking all medical professionals to write all prescriptions and medico-legal reports in legible handwriting, if possible, in capital letters or in a typed form.

This will ensure that the judicial system does not suffer from "unnecessary fatigue" in reading those documents, the order issued by Justice S K Panigrahi stated.

"In many cases, the casual approach of most of the doctors while writing the post-mortem reports, is affecting comprehension of medico-legal cases very badly, and the judicial system finds it very difficult to read those (reports) to come to a definite conclusion," Justice Panigrahi observed in his order.

This direction came from the High Court last week when Justice S K Panigrahi found it difficult to decide a case, as the post-mortem examination report annexed in the petition was not legible and could not be comprehended, adds PTI.

A petitioner had approached the court seeking a direction to the government to consider his representation for ex-gratia assistance as his elder son had died due to snakebite.

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As per the latest media report by Live Law, the HC had directed the doctor, who conducted the post-mortem examination over the dead body of the petitioner's son, to remain present in virtual mode and render his opinion as to the cause of death.

In compliance with an earlier order, the doctor who had written the post-mortem examination report appeared before the court through virtual mode, presented his opinion in the form prescribed. Live Law adds that when the court attempted to read the opinion, it was unable to comprehend anything as the handwriting was not legible.

"The said opinion was written under the head “MORE DETAILED DESCRIPTION OF INJURY OR DISEASE”. Under such head, he has written something which is not legible and cannot be comprehended in ordinary course of reading unless the writer himself or handwriting expert is invited to examine such description," noted the Court.

The Court was irked by such practice prevalent among doctors to write in casual handwritings and observed that the tendency of writing in such 'zig-zag handwriting' has become a fashion among the doctors of the State. It directed,

"Substantial number of doctors in the State resort to such handwriting which cannot be read by any ordinary person. In such view of the matter, the Chief Secretary of the State is directed to issue a circular to all the Medical Centers, Private Clinics and Medical Colleges and Hospitals directing them to write in proper handwriting or in a typed form when they are prescribing medicine or writing some medico-legal reports."

However, at the same time, the Court acknowledged the busy schedule of doctors as well as their immense contribution to the public during the pandemic and in other medical emergencies. Despite this, the Court felt that the doctors should take care of their handwriting while prescribing or opining something.

"But, at the same time it is generally felt that the medical prescription and medico-legal documents are written in bad handwriting which affects the quality of appreciation of evidence in the judicial system. Hence, it is expected that any doctors, who are dealing with medico-legal issues and writing casually with very poor handwriting, are required to change their attitude and write either in capital letter or in a typed form or in good handwriting so that the judicial system does not suffer from unnecessary fatigue in reading their handwriting," added the Court.

"Hence, this court directs the Chief Secretary, State of Odisha, to issue directions to all doctors of the state to write post-mortem reports and prescriptions in capital letters or in legible handwriting," the high court said in the order passed on January 4.

It had earlier reported that back in 2020 also the Orissa High Court had expressed its frustration associated with detective work in so far as medical reports/doctors' prescriptions are concerned. The Court had iterated at that time that doctors of state government hospitals as well as private health facilities should write the name of their suggested medications in capital letters or at least in legible handwriting so that the name of the medication along with their dosage, strength and the frequency of the dose can be easily understood.

The directions came after Justice S K Panigrahi considered the bail application of an accused charged under Narcotic Drugs and Psychotropic Substances Act 1985 but the court found difficulty in deciphering the prescription of a doctor connected with the issue.

Also Read: Illegible handwriting of Doctors: Allahabad HC directs for PRINTED medico legal reports