Learned Intermediary Doctrine

Pronunciation: LERND in-ter-MEE-dee-air-ee DOK-trin

Torts › Products Liability

Definition

For prescription drugs and medical devices, manufacturer's duty to warn runs to prescribing physician, not patient. Doctor acts as learned intermediary who weighs risks and benefits for individual patient. Adequate warning to doctor satisfies duty even if patient not directly warned. Exception: direct marketing to consumers may create duty to warn patients directly.

Related terms

• Failure to Warn — Product has inadequate instructions or warnings about non-obvious risks. Duty to warn of dangers not obvious to ordinary…
• Unavoidably Unsafe Products — Products that cannot be made safer given current technology but have benefits outweighing risks. Not defective if properly…
• Strict Products Liability — Liability without fault for harm caused by defective product. Seller engaged in business of selling such products liable…

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