If you are stuck in such a situation, here is what to do.

Mr. Sameer Verma, a resident of Janakpuri, went to “Aarogya Medicos” to purchase prescribed medication for his cardiac condition. The pharmacy staff, in a moment of oversight, dispensed the wrong medicine. Unaware of the error, Mr. Verma consumed the dose and soon began to feel extremely dizzy, and his blood pressure dropped to a dangerous level. He was rushed to a nearby clinic where a doctor stabilized his condition. Fortunately, he is now recovering. Mr. Verma has diligently kept the incorrect medicine strip, the pharmacy’s bill, and the original doctor’s prescription as evidence. He now seeks to understand the legal recourse available to him to hold the negligent pharmacy accountable.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act methodically to protect your health and your legal rights. The following steps are advised:

• Preserve Evidence: Immediately secure all relevant items. This includes the incorrect medicine (in its original packaging), the pharmacy bill or receipt, the doctor’s prescription, and any packaging or labels from the pharmacy.
• Seek Medical Attention: Your health is the top priority. Visit a doctor immediately to address the adverse effects of the wrong medication. Ensure you get a medical report or certificate detailing the health issues caused by the incorrect drug.
• Inform the Pharmacy: You may inform the pharmacy of their mistake, but do so cautiously. It is often better to let your lawyer handle communication to avoid any admissions that could weaken your case.
• File a Formal Complaint: A complaint should be filed with the State Drug Control authorities. This body is responsible for regulating pharmacies and can take action, including suspension or cancellation of the pharmacy’s license.

Applicable Sections of Law

Several laws can be invoked in a case of a pharmacy dispensing the wrong medicine:

• The Drugs and Cosmetics Act, 1940: This is the primary legislation governing the sale and distribution of drugs in India. Dispensing a wrong drug is a violation of the conditions of the license granted under this Act and can lead to penalties for the pharmacist and the pharmacy owner.
• The Consumer Protection Act, 2019: Dispensing the wrong medicine constitutes a “deficiency in service” and an “unfair trade practice.” The victim can file a complaint before the appropriate Consumer Disputes Redressal Commission to claim compensation for the physical suffering, mental agony, and financial losses incurred.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): If the act of providing the wrong medicine leads to bodily harm, relevant sections of the BNS can be applied. For instance, Section 123 of the BNS, which deals with causing hurt by an act endangering life or the personal safety of others, could be applicable.

If you are the complainant

As the person initiating the complaint, you must be systematic in your approach to ensure a strong case.

• Organize Your Documents: Arrange all evidence chronologically. This includes the prescription, bill, medicine strip, and all medical reports before and after the incident.
• Draft a Detailed Complaint: Write a clear and concise complaint detailing the sequence of events: the date of purchase, the name of the pharmacy, the medicine prescribed versus the medicine given, the health consequences, and the expenses incurred.
• File with the Right Authority: Your complaint can be filed simultaneously with the District Drugs Inspector and the District Consumer Commission. Your lawyer can guide you on the most effective forum for your specific case.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the victim who has suffered physically and emotionally, your immediate actions are crucial.

• Prioritize Your Health: Do not take any further doses of the wrong medicine. Follow the advice of your doctor strictly to recover from the adverse reaction.
• Document Everything: Keep a journal of your symptoms, doctor visits, medical expenses, and any loss of income due to being unable to work. This documentation will be vital for claiming compensation.
• Do Not Tamper with Evidence: Keep the wrong medicine and its packaging in a safe place. Do not throw it away, as it is the primary piece of evidence against the pharmacy.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Typically, the police may be hesitant to file a First Information Report (FIR) for such incidents immediately. They often view it as a case of negligence falling under the purview of specific regulatory bodies or consumer courts. They will likely advise you to approach the Drugs Inspector or the Consumer Commission first. However, if the wrong medication has caused grievous hurt, permanent disability, or a life-threatening situation, the police are obligated to register an FIR under the relevant sections of the Bharatiya Nyaya Sanhita, 2023, upon receiving a formal complaint, especially if it is supported by a medico-legal report.

FAQs people normally have

Can I sue the pharmacy for compensation?
Yes, you can file a case in the Consumer Commission under the Consumer Protection Act, 2019, to claim compensation for medical expenses, loss of income, and mental trauma.

Will the pharmacy’s license be cancelled?
A complaint to the State Drug Control department can trigger an investigation. If found guilty of gross negligence, the department has the authority to suspend or even cancel the pharmacy’s license to operate.

Is it necessary to have a lawyer?
While you can file a consumer complaint on your own, hiring a lawyer is highly recommended. Medical negligence cases involve complex legal and procedural nuances. An experienced lawyer can build a strong case, represent you effectively, and significantly increase your chances of receiving fair compensation and ensuring the pharmacy is held accountable.

What evidence is required?

To build a successful case, you will need to gather the following evidence:

• The original doctor’s prescription.
• The bill/receipt from the pharmacy for the medicine purchase.
• The packaging and the remaining tablets/syrup of the wrong medicine dispensed by the pharmacy.
• Medical records documenting the adverse health effects, including doctor’s notes, diagnostic test results, and hospital admission/discharge papers if any.
• A certificate from the treating doctor linking the health problem to the consumption of the wrong medicine.
• Proof of expenses incurred on treatment, travel, and other related costs.

How long will the investigation take?

The duration of the investigation and resolution can vary. An inquiry by the Drugs Inspector might conclude within a few months. A case in the Consumer Commission can take longer, typically ranging from six months to a couple of years, depending on the complexity of the case, the evidence presented, and the workload of the commission.

Advocate Sudhir Rao, Supreme Court of India