Clinician Liability in Prescribing Antidepressants

Abstract

Malpractice claims frequently focus on the clinician's prescription of medications. Claims may arise in many environments: inpatient units, outpatient offices, prisons, journal articles, pharmaceutical talks, and clinical trials of new medications. The basis of the claim may be product liability, informed consent, deliberate indifference, violation of the Federal Food, Drug, and Cosmetic Act, or academic malpractice. All malpractice claims include a duty, a breach of duty, causation, and damages. The duty and breach of duty may be obvious, but causation can vary considerably in malpractice claims. Perhaps the damages are most apparent when the patient has suffered side effects. This article explores clinician liability for the use of antidepressants from the clinical trial to the removal from the market.