Electroconvulsive Therapy, Manufacturers' Liability, and Learned Intermediaries.

IF 3.3 3区医学 Q1 HEALTH POLICY & SERVICES

Psychiatric services Pub Date : 2024-11-19 DOI:10.1176/appi.ps.20240518

Paul S Appelbaum

引用次数: 0

Abstract

Manufacturers of drugs or devices that are prescribed by physicians are protected by the "learned intermediary rule" from having to disclose risks directly to patients. Instead, they must inform physicians of these risks. But when a company fails to disclose a known risk, how can a patient gain compensation for any resulting harm? The California Supreme Court considered this question in a case involving alleged memory impairment from electroconvulsive therapy. By broadening the ways by which plaintiffs can demonstrate that the absence of a warning caused their injury, the court made it easier for patients to recover compensation for the consequences.

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电休克疗法、制造商责任和博学的中间人。

由医生处方的药品或器械的制造商受 "博学的中间人规则 "的保护，不必直接向患者披露风险。相反，他们必须将这些风险告知医生。但是，当一家公司未能披露已知风险时，患者该如何就由此造成的伤害获得赔偿呢？加州最高法院在一起指控电休克疗法导致记忆受损的案件中考虑了这个问题。通过拓宽原告证明缺乏警告导致其受到伤害的途径，法院使患者更容易获得后果赔偿。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Psychiatric services 医学-公共卫生、环境卫生与职业卫生

CiteScore

5.80

自引率

7.90%

发文量

295

审稿时长

3-8 weeks

期刊介绍： Psychiatric Services, established in 1950, is published monthly by the American Psychiatric Association. The peer-reviewed journal features research reports on issues related to the delivery of mental health services, especially for people with serious mental illness in community-based treatment programs. Long known as an interdisciplinary journal, Psychiatric Services recognizes that provision of high-quality care involves collaboration among a variety of professionals, frequently working as a team. Authors of research reports published in the journal include psychiatrists, psychologists, pharmacists, nurses, social workers, drug and alcohol treatment counselors, economists, policy analysts, and professionals in related systems such as criminal justice and welfare systems. In the mental health field, the current focus on patient-centered, recovery-oriented care and on dissemination of evidence-based practices is transforming service delivery systems at all levels. Research published in Psychiatric Services contributes to this transformation.