In a cause of action arising from an injury to a child from a dangerous side effect or allergy to a prescription drug,  a drug company has the duty to warn consumers of a drug's dangerous side effects.  However, this duty is directed to the physician prescribing the medication.  The rationale for this rule is that the prescribing physician, acting as a learned intermediary between the manufacturer and the consumer, weighs the potential benefits against the dangers in deciding whether to recommend the drug to meet a child patient's needs.  Therefore, while a manufacturer of a prescription drug does have a duty to warn, the manufacturer's duty is fulfilled when it gives an adequate warning to those members of the medical community, such as physicians, that are lawfully authorized to prescribe, dispense, and administer prescription drugs. 

Thus, if a medical drug is properly labeled and carries the necessary instructions and warnings to fully apprise the physician of the proper procedures for use and dangers involved, the manufacturer may reasonably assume that the physician will exercise the informed judgment in conjunction with his or her own independent learning, the best interest of the patient.  Thus, a physician's duty is to inform his or her patient what a reasonably prudent medical specialist would tell a person of ordinary understanding of the serious risks and the possibility of the serious harm that may occur from the course of therapy, so that the patient may make an intelligent decision regarding his or her treatment and care. 

If your child is injured due to a dangerous interaction or side effect of a prescription medication you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights.  The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your family deserves.  Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind.  Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.