Most in New York assume that when they take medication prescribed to them by their doctors, their conditions will automatically improve. What is lost in this assumption is that medications are not guaranteed to work, along with the fact that they function by suppressing reactions within the body (which causes side effects). In any event, if you are the one who supplied them with medication, then the blame may be likely to fall to you. Your safeguard against liability is often to simply advise that patients follow the recommended dosage guidelines. Yet many in your same position often come to us here at The Law Firm of Connors & Connors, P.C. asking whose responsible for the validity of those recommendations.
In detailing its establishment of recommended dosages, the Food and Drug Administration points out that when it includes the word “should” in its guidelines, it is implying suggested or recommended standards, not something that is required. Thus, it assumes no legally enforceable responsibilities when setting forth its recommendations.
Rather, when determining the actual dose required for a certain patient, the party making that determination should consider the following factors:
- The recommended starting dose
- The usual recommended dose
- The dosage regimen
- The dosage range
- The duration of use
- The route of administration
Special considerations such as the titration regimen or the rate of infusion should be taken into account for intravenous medications.
The recommended dosage should be coming from the healthcare provider that prescribes the medication. Thus, even though recommendations may be shared under your pharmacy’s label, it should be communicated that you are simply communicating the provider’s instructions.
You can learn more about defending yourself from pharmacy-related claims by continuing to explore our site.
