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Negligent PrescriptionNavigation: Home > Medical Malpractice > Negligent Prescription
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The manufacturer of a prescription drug
has, at minimum, a legal duty to warn
the medical profession of any risks
inherent in its use that the
manufacturer knows or should know exist.
However, a doctor or nurse could
potentially be held responsible if he or
she negligently prescribes medication or
if the doctor ignored the manufacturer's
instructions, or prescribed an incorrect
medication or dosage, which resulted in
injury to the patient. The prescribing
physician is considered a learned
intermediary. The
learned intermediary doctrine is
nearly universal and states that, where
drugs or medical devices are only
available to the public by prescription
from a physician or dentist, the
products manufacturer fulfills its duty
to warn by advising the professional of
the dangers of the product and has no
duty to warn the patient.
Because of the physician's superior medical knowledge, and the fact that he or she has been given adequate information from the manufacturer, he or she is in the best position to determine whether a particular drug or device is appropriate for a patient. Therefore, the physician has the primary duty of advising the patient of the risks and side effects of a medication.
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