Physicians can potentially be held liable for injuries from the side effects of prescription drugs under certain circumstances. Generally, physicians have a duty of care to their patients, which includes prescribing appropriate medications and informing patients about the risks associated with those medications.
However, the specific conditions under which a physician may be held liable can vary depending on the jurisdiction and the specifics of the case.
Here are some general circumstances where a physician might be held liable.
Failure to Inform
If a physician does not properly inform a patient about the known side effects of a medication, such as Prednisone, they could potentially be held liable if the patient experiences harmful side effects. This is based on the principle of informed consent, which requires doctors to provide patients with information about the potential risks and benefits of a proposed treatment.
Negligence in Prescribing
If a physician prescribes a medication that is not suitable for a patient’s condition or prescribes an inappropriate dose, they may be held liable for any resulting harm. This could also apply if a doctor prescribes a medication that is known to have harmful interactions with other drugs that the patient is taking.
Failure to Monitor
Some medications require ongoing monitoring to ensure they are not causing harmful side effects. If a physician does not properly monitor a patient’s response to a medication and the patient experiences harm as a result, the physician could potentially be held liable.
Off-label Use
If a physician prescribes a medication for an off-label use (a use not approved by the Food and Drug Administration), they could potentially be held liable if the patient experiences harmful side effects. However, the legal landscape around off-label use is complex and varies by jurisdiction.
However, there are several defenses a physician may have in these cases. For example, if a side effect is extremely rare and not well-known within the medical community, a physician may not be expected to warn a patient about it. If a patient experiences a side effect that could not have been reasonably anticipated, given the current state of medical knowledge, a physician may not be held liable.
If you believe you have been harmed by a prescription medication, you should consult with a legal professional who is familiar with medical malpractice law in your area.
Duty to Test Patient
The duty to test a patient refers to the physician’s obligation to perform the necessary tests to diagnose a patient’s condition or monitor their progress. This could include ordering lab tests, imaging studies, or other diagnostic procedures. Physicians are also expected to interpret the results of these tests accurately.
If a physician fails to order necessary tests or misinterprets the results, they could potentially be held liable for any harm that results. For example, assume a physician prescribes a medication that requires regular blood tests to monitor its effects and fails to order these tests. In that case, they could be held liable if the patient suffers harm as a result.
However, the specifics of the duty to test can depend on many factors. These factors include the standard of care in the physician’s specialty, the patient’s specific condition, and the current state of medical knowledge.
Duty to Warn
The duty to warn is part of a physician’s broader duty to obtain informed consent from their patients. This requires the physician to inform the patient about the risks, benefits, and alternatives to a proposed treatment, including the potential side effects of medications.
The duty to warn of side effects is based on the principle that patients have the right to make informed decisions about their own healthcare. If a physician fails to warn a patient about a medication’s potential side effects, they could be held liable if the patient suffers harm as a result.
However, the specifics of the duty to warn can also depend on many factors. For example, a physician might not be expected to warn a patient about extremely rare side effects that are not well-known within the medical community.
Duty to Exercise Reasonable Care
The duty to exercise reasonable care is a general principle that applies to all aspects of a physician’s practice. It requires the physician to act with the same degree of skill, knowledge, and care that a reasonably competent physician in the same specialty would under similar circumstances.
This could include duties such as:
- Taking a thorough medical history;
- Performing a careful physical examination;
- Ordering appropriate tests;
- Prescribing appropriate medications;
- Monitoring the patient’s progress.
If a physician fails to exercise reasonable care and a patient suffers harm: as a result, the physician could potentially be held liable for medical malpractice.
Duty to Observe Information
“Duty to observe information” generally refers to the physician’s responsibility to adequately collect, monitor, and consider all pertinent health information about a patient.
This includes not only the direct examination of the patient and performing necessary tests but also:
- Reviewing the patient’s past medical records;
- Paying attention to new symptoms;
- Changes in condition;
- Results from lab tests;
- Monitoring for side effects of drugs;
- Any other relevant health information.
Failure to observe critical information could lead to misdiagnosis, inappropriate treatment, and even harm to the patient. For instance, suppose a physician ignores information about a patient’s allergic reaction to a certain drug and prescribes that medication. In that case, they could potentially be held liable for any harm that results.
Can a Physician Be Liable for Injuries to Third Parties?
Generally, a physician’s legal duty is to their patient. However, there are circumstances where a physician may be held liable for injuries to third parties, although these are less common.
Duty to Warn and Protect Third Parties
In some cases, physicians may have a duty to warn or protect third parties if they believe a patient poses a serious threat to others. This principle was established in the 1976 case of Tarasoff v. Regents of the University of California, where a therapist was found to have a duty to warn a potential victim of a threat made by a patient.
Infectious Diseases
If a physician fails to diagnose or properly manage a patient’s infectious disease and a third party becomes infected as a result, the physician might be held liable.
Impaired Patients
Say a physician provides medication to a patient that impairs their ability to operate a vehicle and does not warn the patient or take steps to prevent them from driving. In that case, the physician may be held liable if the patient causes a car accident.
Genetic Counseling
Consider that a physician fails to communicate the risks of genetic diseases to prospective parents accurately. In this scenario, they could potentially be held liable if a child is born with a genetic disease that the parents would have chosen to avoid.
Should I Contact an Attorney About Physician Liability for Injuries From Side Effects of Prescription Drugs?
Absolutely. If you believe you have been injured due to the side effects of a prescription drug, it is important to reach out to a personal injury attorney to discuss your case. Physicians are expected to adhere to a certain standard of care when prescribing medications. If they fail to do so, and it results in injury, you may have grounds for a medical malpractice lawsuit.
LegalMatch is a helpful platform that can connect you with a lawyer who handles personal injury and medical malpractice. An experienced attorney will be able to evaluate the details of your case, explain your legal rights and options, and guide you through the process if you decide to proceed with a lawsuit.
The attorney can help establish whether the physician was negligent in prescribing the drug, failed to provide adequate warnings about the drug’s side effects, or did not monitor your response to the medication appropriately. It’s also crucial to demonstrate that these actions (or lack thereof) resulted directly in your injury or harm.
Remember, every case is unique, and the success of a legal claim depends on the specifics of your situation. An attorney can help you navigate these complexities and work towards the best possible outcome for you.
