| Medical
Malpractice
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Pharmaceutical LiabilityManufacturers of drugs, medications, and medical devices have a duty to consumers to provide products that are reasonably safe when used as intended. A product’s approval by the FDA alone does not allow a manufacturer to avoid liability. Companies are obligated to inform the public of a product’s risks, and the required methods of informing the public vary by the type of product. With non-prescription drugs, proper labeling and enclosures are generally sufficient. However, prescription drugs are used under the supervision of a physician, and as a result, the manufacturing company only has a duty to inform the physician. Because of this, the physician assumes the responsibility of informing the consumer of a product’s risks, and if the physician fails to do so, he or she could be liable to the patient for injuries caused. |
