Volume 10, Issue 39 (Winter 2017)                   Medical Law Journal 2017, 10(39): 7-27 | Back to browse issues page

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Abdolahi Vishkahi S, Zhian P. An Inquiry in Physician Liability in Providing Drug Information with Comparison with Common Law (Learned Intermediary Rule). Medical Law Journal. 2017; 10 (39) :7-27
URL: http://ijmedicallaw.ir/article-1-651-en.html
1- Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran. (Corresponding author)
2- Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran
Abstract:  

If the doctor prescribes the medicine for the patient without presentation of information about the way and the danger of use it, certainly the patient cannot use the medicine or cannot achieve to the perfect consequence. In fact, the prescription of the medicine without presenting the information about the way of using is ineffective and in some situation is dangerous. In any event, can this reality be the reason of the obligation for the doctor? Or it must be say that the duty of presentation of information is not on the doctor but the producer and the seller of the medicine must present these information. Unlike this approach, according to the Learned Intermediary Rule, the duty of presenting this information is on doctor as an only expert intermediate that has sufficient information about the situation of the patient.  In Iranian law, the legislator has held the duty of the presenting the information on the doctor but only in some position the doctor as a learned intermediate, is liable for compensation due to failure to presenting the information.

Please cite this article as: Abdolahi Vishkahi S, Zhian P. An Inquiry in Physician Liability in Providing Drug Information with Comparison with Common Law (Learned Intermediary Rule). Iran J Med Law 2017; 10(39): 7-27.

Type of Study: Original Article |
Received: 2016/02/16 | Accepted: 2016/11/20

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