Doctors’ Roles In Limiting A Warning Defect Case Against A Drug Manufacturer
The consequences of taking medication with adverse side effects can be devastating, causing serious injuries or different medical conditions as a result of side effects. Manufacturers are required to warn potential patients of any known side effects, in order to give them a chance to weigh the options when deciding whether or not to take the medication. Sometimes, the warnings provided by manufacturers may be worded in such a way that a person reading them may not understand the true nature or extent of the warned side effect. Therefore, when a patient gets injured as a result of the medication, he or she can seek compensation from the manufacturer because of an inadequate warning.
However, in the case of prescription drugs, a patient’s doctor usually makes the initial decision on which drug would best treat the patient before discussing it with the patient and then prescribing it. Most prescription drugs come with a physician’s warning to inform the doctor of possible side effects that may be associated with a particular drug. Therefore, when a person gets injured as a result of the medication, and tries to sue the manufacturer, the manufacturer can raise a defense that it provided an adequate warning to the patient’s doctor in the physician’s warning and the doctor made the decision to prescribe the drug. The manufacturer argues that its duty was to warn the patient’s doctor and not the patient directly.
What is the Learned Intermediary Doctrine?
This argument from the manufacturer is the learned intermediary doctrine, and it can be used to limit recovery from a manufacturer of a prescription drug for injuries caused as a result of a drug’s side effects. The reasoning behind this is that the doctor is in the best position, knowing the patient’s medical history, to weigh the risks and the benefits of the drug and decide whether or not to prescribe it. The doctor may also be generally aware through his or her practice of patients with similar histories who have benefited from the drug.
Florida recognizes the learned intermediary doctrine; and if a patient’s doctor did read the manufacturer’s warning on the drug’s side effects, this may negatively affect the injured patient’s claim. Although some states have found manufacturers advertising directly to patients to have a duty that goes beyond the learned intermediary doctrine, Florida does not generally follow this approach. Depending on the facts of your case and whether or not your doctor acted in a reasonable manner in assessing the risks of the drug prescribed, you may seek compensation for resulting injuries from your doctor for medical malpractice. A consultation with an experienced personal injury attorney can help you decide how to best seek compensation for your injuries from all liable parties.
Contact a Fort Lauderdale Drug Litigation Attorney
If you or a loved one has been injured while using a prescription drug, you may be able to get compensation for those injuries. Florida law limits the amount of time a person may sue for injuries caused by a defective drug. Contact the experienced Fort Lauderdale drug litigation attorneys from Boone & Davis for a consultation today.