La responsabilità del medico in caso di malattia provocata dall’utilizzo off label dei medicinali

Autori

  • Claudio Coratella Avvocato Penalista, Name Partner di Coratella – Studio Legale



DOI:

https://doi.org/10.7175/pmeal.v5i3.309

Parole chiave:

Off label, Physician responsibility, Drug marketing authorisation

Abstract

[Physician responsibility in case of disease caused by off label drug use]

To be marketed in Italy, every drug requires a previuos marketing authorization (AIC). Furthermore, the summary of product characteristics reports specific indications about the drug authorized usage. However the off label use of drugs, i.e. to prescribe approved medications for other than their intended indications, is allowed in selected cases, and only if the drug is included in the lists of AIFA (the Italian Drugs Agency). In such cases, the physician must inform the patient about risks and possible side effects, and must obtain the petient’s signed informed consent. Here we discuss the clinician’ liability in case of side effects related to off label use. In particular, we report a proceeding in which the physician was considered responsible with fraud or guilt in different levels of jurisdiction.

Pubblicato

2011-08-15

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Articolo