The "learned intermediary" doctrine:
A) shields a physician from liability because of a drug company's mistake in dosage instructions
B) is invoked by regulatory agencies in their arguments in court arguments in support of new regulations
C) shields a drug manufacturer from liability when the doctor is liable for misuse of the drug
D) holds that the FDA has gone too far in preventing new, effective drugs from reaching the market in less time
E) holds federal regulatory agencies supreme in all matters regarding control of product safety

Question

Quizplus · Accepted Answer

The "learned intermediary" doctrine holds that a drug manufacturer is not liable for harm caused by a prescription drug if the prescribing physician or another learned intermediary, such as a pharmacist, was responsible for improperly administering or communicating the risks associated with the drug to the patient. This doctrine shields the drug manufacturer from liability when the doctor or pharmacist is liable for misuse of the drug.

The "Learned Intermediary" Doctrine