What is the “learned intermediary doctrine”?

The “learned intermediary doctrine” is a legal concept used in the state of Louisiana when it comes to products liability law. This doctrine suggests that a manufacturer of a product must provide appropriate warnings and instructions to medical professionals who then would provide this information to the consumer. The manufacturer is not expected to directly inform the consumer of the risks related to the product but, instead, the manufacturer would rely on the specialized knowledge of medical professionals to provide the necessary warnings and instructions. The doctrine was founded on the idea that medical professionals were in the best position to provide health care advice and information to the consumer. Since medical professionals have a more comprehensive understanding of both the product and the consumer’s individual needs they are more able to provide proper guidance. Therefore, the manufacturer was no longer held liable for failing to warn of the risks associated with the product. The “learned intermediary doctrine” has been used successfully in Louisiana products liability law for decades to help manage the liability of product manufacturers. This doctrine holds that if a medical professional is properly warned about the risks associated with a product, they can make informed decisions regarding that product and provide appropriate warnings to the consumer. Without this doctrine, manufacturers would be held liable for many unforeseen and unreasonable risks that may be outside the scope of their expertise.

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What is the “learned intermediary doctrine”?

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