What is the “learned intermediary doctrine”?

The “learned intermediary doctrine” is a specific rule of products liability law that applies in North Carolina. This doctrine refers to a product’s manufacturer being able to rely on licensed professionals, such as doctors or pharmacists, to assess and decide if a product is safe for a consumer to use. Furthermore, the manufacturer is protected from liability since it was the professional who distributed the product and had the knowledge to determine if the product was safe. This doctrine has been used to determine the liability of product manufacturers when the consumer or end user of the product is injured. For example, if a patient is prescribed a medication that causes them an injury, they cannot sue the manufacturer of the medication. Instead, they must sue the doctor who prescribed the medication since the doctor is considered a “learned intermediary”. This doctrine is based on the belief that the manufacturer relies on the medical professionals to make rational decisions about the distribution of the product. This doctrine has limited the liability of product manufacturers in North Carolina, as well as in other states, over the years. However, it still remains controversial and is constantly being challenged. The ultimate decision of whether or not to allow the doctrine to be used in a certain case lies with the courts.

Related FAQs

What type of damages can be recovered from a product liability lawsuit?
Are manufacturers strictly liable for defective products?
What is a “strict products liability” claim?
What are the elements of a negligence claim in product liability law?
How is the price of a defective product determined?
What is a “breach of implied warranty” of product safety?
How does the doctrine of comparative fault apply in product liability cases?
Does a product’s age affect its liability status?
Are there any restrictions on the types of products that can be subject to product liability law?
How is a company’s financial responsibility determined in a product liability case?

What is the “learned intermediary doctrine”?

Related FAQs

Related Blog Posts