Prescription drug liability: the learned intermediary and informed consent

J Law Ethics Dent. 1989 Jan-Mar;2(1):11-8.

Abstract

Prescription drugs are the most often used therapy in health care. Because they are dangerous and sometimes cause severe side effects, it is important for drug manufacturers, health care providers, and patients to understand their responsibilities regarding prescription drug liability. The learned intermediary doctrine, exacting a duty from the drug manufacturer to warn the doctor of prescription drug properties, is discussed. The doctrine of informed consent is reviewed as a cause of action where a doctor fails to inform a patient of prescription drug properties. Application of the medical community and patient-centered standards as they relate to informed consent cases is made.

MeSH terms

  • Communication
  • Dentist-Patient Relations
  • Drug Therapy*
  • Humans
  • Informed Consent*