Why The Learned Intermediary Doctrine Should Survive

Law360, New York (January 11, 2017, 11:54 AM EST) -- In the historic, paternalist doctor-patient relationship, the balance of information, power and decision-making resided with physicians. Patients were allowed to see their doctor only at a time convenient for the physician, often weeks out, and patients had very little or no access to their own medical charts, data and test results. Indeed, Hippocrates, despite the well-known “first do no harm” teaching, believed in shielding patients from some truths about their conditions. However, that traditional, “doctor knows best” era of medicine is at an end. As physician...
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