Prescribing a Contraindicated Drug

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller who said his doctor prescribed the antibiotic Ciproflaxin (Cipro) without discussing its use with him.

The FDA’s black box warning for Cipro indicated serious risks, especially for patients who have a history of corticosteroid use, which applied to the caller.

After taking Cipro, the caller experienced severe adverse reactions, including tendon ruptures and peripheral neuropathy.

He wanted to know if he could successfully sue his doctor.

Success in a case where a physician prescribes a medication that the drug warnings say would be contraindicated for a patient will still require an expert opinion that it was below the standard of care to prescribe the medication to a patient.

You might think that the FDA warning itself could be used to establish the standard of care and that there would be no need for expert testimony.

But, you likely would be wrong in thinking that expert testimony would be unnecessary. At least one state trial court held that any FDA warning alone could be sufficient to establish the standard of care without expert testimony. But, the highest court in that state reversed holding that the FDA warnings cannot substitute for expert testimony to establish the standard of care in medical malpractice cases. The Court emphasized that medical judgment is required to determine the appropriate standard of care, which must be established by expert testimony.

If you are scratching your head, do you know what the term ‘contraindicated’ means? My guess is that, like most people, it is a new, unfamiliar word.

Contraindicated is medical speak that basically means: do not give.

Courts require medical expert testimony in medical malpractice cases because judges and jurors are not doctors.

Medical terms require a medical doctor’s explanation for everyone involved in the case. Requiring medical expert testimony helps ensure that justice is fairly administered.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”