MEDICAL MALPRACTICE | BACK TO PRACTICE AREAS
FREQUENTLY ASKED QUESTIONS

I. General Information about Medical Malpractice
II. Variations in Medical Malpractice Cases
         A. Negligence of Hospitals, Physicians and Others
         B. Misuse of Medications and Medical Devices
         C. Emergency Situations vs. Informed Consent
         D. Contract/Warranty Breaches
         E. Certificate of Merit
III. Health Care Provider Roles
IV. Hospitals
V. Vicarious Liability
VI. Duties of Pharmaceutical Companies/Manufacturers
VII. Prescription Medications
VIII. Expert Testimony & Res Ipsa Loquitur
IX. Conclusion

Duties of Pharmaceutical Companies/Manufacturers

If a pharmaceutical manufacturer fails to warn health care professionals of a drug’s potential side effects or dangers, the manufacturer may be liable if a drug caused a patient injury. A pharmaceutical manufacturer's primary duty is to physicians. A manufacturer will generally not be liable for a patient's injuries, as long as it sufficiently informed the physician of any and all risks associated with a certain medication.

As far as a patient is concerned, a pharmaceutical company only owes a duty to ensure that the medication it manufactures will be reasonably safe when it is used as directed. To ensure a drug's safety, the manufacturer researches the drug's possible side effects and risks before putting it on the market. If the pharmaceutical manufacturer fails to sufficiently warn a physician of a drug's potential dangers, the drug becomes what is known under product liability law as unreasonably dangerous, and the manufacturer might be held liable for the failure to provide the proper warnings.

The prescribing physician is considered a learned intermediary, which means that because of his/her superior medical knowledge, and assuming he/she has been given adequate information from the manufacturer, he/she is in the best position to determine whether a particular drug or device is appropriate for a patient. Thus, the physician has the primary duty of advising the patient of the risks and/or side effects of a particular medication or medical device which he/she prescribes.

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