AN INQUIRY IN PHYSICIAN LIABILITY IN PROVIDING DRUG INFORMATION WITH COMPARISON WITH COMMON LAW (LEARNED INTERMEDIARY RULE)

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ABDOLAHI VISHKAHI SOMAYE; ZHIAN PEZHMAN

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Journal: MEDICAL LAW Year:2017 | Volume:10 | Issue:39 Page(s): 7-27

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Title

AN INQUIRY IN PHYSICIAN LIABILITY IN PROVIDING DRUG INFORMATION WITH COMPARISON WITH COMMON LAW (LEARNED INTERMEDIARY RULE)

Author(s)

ABDOLAHI VISHKAHI SOMAYE | ZHIAN PEZHMAN | Issue Writer Certificate

Keywords

DOCTOR LIABILITYQ3

MEDICINE PRESCRIPTIONQ2

MEDICINE INFORMATIONQ2

WARNINGQ2

LEARNED INTERMEDIARY RULEQ2

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.

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APA: Copy

ABDOLAHI VISHKAHI, SOMAYE, & ZHIAN, PEZHMAN. (2017). AN INQUIRY IN PHYSICIAN LIABILITY IN PROVIDING DRUG INFORMATION WITH COMPARISON WITH COMMON LAW (LEARNED INTERMEDIARY RULE). MEDICAL LAW, 10(39 ), 7-27. SID. https://sid.ir/paper/195232/en

Vancouver: Copy

ABDOLAHI VISHKAHI SOMAYE, ZHIAN PEZHMAN. AN INQUIRY IN PHYSICIAN LIABILITY IN PROVIDING DRUG INFORMATION WITH COMPARISON WITH COMMON LAW (LEARNED INTERMEDIARY RULE). MEDICAL LAW[Internet]. 2017;10(39 ):7-27. Available from: https://sid.ir/paper/195232/en

IEEE: Copy

SOMAYE ABDOLAHI VISHKAHI, and PEZHMAN ZHIAN, “AN INQUIRY IN PHYSICIAN LIABILITY IN PROVIDING DRUG INFORMATION WITH COMPARISON WITH COMMON LAW (LEARNED INTERMEDIARY RULE),” MEDICAL LAW, vol. 10, no. 39 , pp. 7–27, 2017, [Online]. Available: https://sid.ir/paper/195232/en

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