If a patient develops a serious side effect to a medicine, is the doctor who prescribed it responsible?

Dr. Satvik N Pai

7/6/20231 min read

If a patient develops a serious side effect to a medicine, is the doctor who prescribed it responsible?

[1] Almost every medicine, has some side effect. That does not mean that the particular drug should not be used.

[2] Every side effect does not occur in every patient. It may be not possible for the doctor to predict if any side effect will occur, and which side effect will occur in which patient.

[3] When you eat pizza, the cheese increases cholesterol,clogs your veins, and increases risk of heart disease. But people (myself included) continue to eat pizza despite being aware of this. Because some risks are worth taking.

[4] It’s the same with medicines, the doctor has to take a decision after assessing the risk and benefit of the medicine for that particular patient.

[5] So even if a serious side effect of a drug does occur, the prescribing doctor is not necessarily responsible.

[6] If the drug has undergone all phases of clinical trials and gained licences for use, then even the manufacturing company is not legally liable if a serious complication occurs.

[7] But when you are prescribing medicines that often have serious side effects you should monitor for the side effects. This can include doing the required systemic evaluation and if required, blood tests.

[8] If a side effect of a medicine does occur, be transparent about it with the patient, and explain your decision to stop/continue the drug based on the risk and benefit.

[9] There is little a doctor can do to prevent a side effect from occurring, but we are expected to be watchful and take the necessary steps if side effects do occur.

[10] Doctors may be held liable only if they are found to have acted negligently, not merely for the occurrence of an adverse event.

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