Can a physician sue a pharmaceutical manufacturer when a drug harms a patient?
Patients who suffer harm from a prescription drug often sue both the prescribing physician and the drug manufacturer, seeking recovery for failure to warn of the drug's potential harm. In many of these cases, the drug manufacturer is relieved of liability under the "learned intermediary" doctrine. If, however, a drug manufacturer misrepresents information or fails to adequately warn a physician about a drug's potential dangers, it may be possible for a physician to maintain a legal cause of action against the manufacturer. This article discusses the legal basis for such a lawsuit and describes two legal cases involving physicians who sued pharmaceutical manufacturers based on inadequate warnings regarding their products.
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Department of Clinical Sciences and Administration, College of Pharmacy, University of Houston, TX, USA.
D004345:Drug Industry / Q000331:legislation & jurisprudence*; D064420:Drug-Related Side Effects and Adverse Reactions; D006801:Humans; D016365:Liability, Legal; D010820:Physicians / Q000331:legislation & jurisprudence*