John L.A. Lyddane The Limited Role of the PDR in Proof of Malpractice
In his Medical Malpractice column, John Lyddane provides a discussion for defense counsel in malpractice cases where the focus is reliance on prescription medication package inserts. He writes: "Where that reliance is misplaced, defense counsel needs to be ready to respond."
September 24, 2021 at 12:30 PM
8 minute read
The Food and Drug Administration oversees strict requirements on pharmaceutical suppliers who are obligated to include adequate directions for use of the inherently dangerous prescription medications they market in the United States. Those directions must include data on indications, dosage, and the hazards of use, which is directed to the prescribing physician as the learned intermediary between the manufacturer and the consumer. Martin v. Hacker, 83 N.Y.2d 1 (1993).
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