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Old 02-06-2017, 08:40 AM   #1
Tabble3
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Default If the FDA approves a drug is the doctor protected from suit?

If the FDA approves a drug that mean that any med mal suit against a doctor that actually followed the dosaging correctly is NOT a valid case?
I mean does the FDA approval protect the doctor 100% basically?
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Old 02-06-2017, 02:11 PM   #2
Disagreeable
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Default Re: If the FDA approves a drug is the doctor protected from suit?

As long as it was not prescribed off label, yes, it will usually invalidate any lawsuit against the doctor being successful.
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Old 02-06-2017, 05:12 PM   #3
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Default Re: If the FDA approves a drug is the doctor protected from suit?

Quote:
Originally Posted by Tabble3 View Post
I mean does the FDA approval protect the doctor 100% basically?
No.

Suppose the doctor diagnoses farfelonis and gives the proper dosage for farfelonis but the patient didn't have farfelonis and died because he was misdiagnosed?

There is NEVER 100% liability protection from anything.
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Old 02-07-2017, 10:37 AM   #4
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Default Re: If the FDA approves a drug is the doctor protected from suit?

Dosage is just one factor and not necessarily the most important one.

But if the doctor followed reasonable procedures it will be hard to sue him.
You normally med to have a med mal lawyer review the case details.
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