Medicolegal Review: Perinatal Effexor Lawsuits and Legal Strategies Adverse to Prescribing Obstetric Providers
Abstract Objectives This study was aimed to familiarize obstetricians with the legal environment surrounding Effexor lawsuits and emphasize the importance of documenting informed consent in the medical records when prescribing a medication that is being targeted for litigation....
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
| Published: |
Thieme Medical Publishers, Inc.
2019-01-01
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| Series: | American Journal of Perinatology Reports |
| Subjects: | |
| Online Access: | http://www.thieme-connect.de/DOI/DOI?10.1055/s-0039-1678723 |
| _version_ | 1819206363034681344 |
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| author | Nathan Kirsch Luis D. Pacheco Amjad Hossain John Y. Phelps III |
| author_facet | Nathan Kirsch Luis D. Pacheco Amjad Hossain John Y. Phelps III |
| author_sort | Nathan Kirsch |
| collection | DOAJ |
| description | Abstract
Objectives This study was aimed to familiarize obstetricians with the legal environment surrounding Effexor lawsuits and emphasize the importance of documenting informed consent in the medical records when prescribing a medication that is being targeted for litigation.
Study Design We used the LexisNexis legal search engine to review legal documents from Effexor-related cases and also used Google to search for Effexor-related lawsuits online, further researching these cases via publically available court records from district clerk offices. Finally, we conducted a year-by-year literature review from 1993 to 2017 to establish the history and evolution of scientific studies surrounding Effexor use during pregnancy.
Results Litigation involving Effexor typically arises due to congenital cardiac birth defects in the neonate allegedly associated with maternal Effexor use in pregnancy. Medication manufacturers have employed a legal strategy termed the learned intermediary doctrine in an attempt to shift liability away from themselves and on to prescribing obstetricians. Manufacturers claim they adequately inform obstetricians of the risks and benefits of prescribing their product and it is the duty of the obstetrician to relay those risks and benefits to their patients.
Conclusion To reduce the risk of liability exposure, obstetricians must adequately document informed consent in the medical records when prescribing medications to their pregnant patients. |
| first_indexed | 2024-12-23T05:06:24Z |
| format | Article |
| id | doaj.art-3c42633024d144099c0727628ee0038c |
| institution | Directory Open Access Journal |
| issn | 2157-6998 2157-7005 |
| language | English |
| last_indexed | 2024-12-23T05:06:24Z |
| publishDate | 2019-01-01 |
| publisher | Thieme Medical Publishers, Inc. |
| record_format | Article |
| series | American Journal of Perinatology Reports |
| spelling | doaj.art-3c42633024d144099c0727628ee0038c2022-12-21T17:59:04ZengThieme Medical Publishers, Inc.American Journal of Perinatology Reports2157-69982157-70052019-01-010901e88e9110.1055/s-0039-1678723Medicolegal Review: Perinatal Effexor Lawsuits and Legal Strategies Adverse to Prescribing Obstetric ProvidersNathan Kirsch0Luis D. Pacheco1Amjad Hossain2John Y. Phelps III3Medical School, The University of Texas Medical Branch at Galveston Galveston, TexasDepartment of Obstetrics and Gynecology, The University of Texas Medical Branch at Galveston, Galveston, TexasDepartment of Obstetrics and Gynecology, The University of Texas Medical Branch at Galveston, Galveston, TexasDepartment of Obstetrics and Gynecology, The University of Texas Medical Branch at Galveston, Galveston, TexasAbstract Objectives This study was aimed to familiarize obstetricians with the legal environment surrounding Effexor lawsuits and emphasize the importance of documenting informed consent in the medical records when prescribing a medication that is being targeted for litigation. Study Design We used the LexisNexis legal search engine to review legal documents from Effexor-related cases and also used Google to search for Effexor-related lawsuits online, further researching these cases via publically available court records from district clerk offices. Finally, we conducted a year-by-year literature review from 1993 to 2017 to establish the history and evolution of scientific studies surrounding Effexor use during pregnancy. Results Litigation involving Effexor typically arises due to congenital cardiac birth defects in the neonate allegedly associated with maternal Effexor use in pregnancy. Medication manufacturers have employed a legal strategy termed the learned intermediary doctrine in an attempt to shift liability away from themselves and on to prescribing obstetricians. Manufacturers claim they adequately inform obstetricians of the risks and benefits of prescribing their product and it is the duty of the obstetrician to relay those risks and benefits to their patients. Conclusion To reduce the risk of liability exposure, obstetricians must adequately document informed consent in the medical records when prescribing medications to their pregnant patients.http://www.thieme-connect.de/DOI/DOI?10.1055/s-0039-1678723effexorpregnancylearned intermediaryobstetriclawsuitliabilityinformed consent |
| spellingShingle | Nathan Kirsch Luis D. Pacheco Amjad Hossain John Y. Phelps III Medicolegal Review: Perinatal Effexor Lawsuits and Legal Strategies Adverse to Prescribing Obstetric Providers American Journal of Perinatology Reports effexor pregnancy learned intermediary obstetric lawsuit liability informed consent |
| title | Medicolegal Review: Perinatal Effexor Lawsuits and Legal Strategies Adverse to Prescribing Obstetric Providers |
| title_full | Medicolegal Review: Perinatal Effexor Lawsuits and Legal Strategies Adverse to Prescribing Obstetric Providers |
| title_fullStr | Medicolegal Review: Perinatal Effexor Lawsuits and Legal Strategies Adverse to Prescribing Obstetric Providers |
| title_full_unstemmed | Medicolegal Review: Perinatal Effexor Lawsuits and Legal Strategies Adverse to Prescribing Obstetric Providers |
| title_short | Medicolegal Review: Perinatal Effexor Lawsuits and Legal Strategies Adverse to Prescribing Obstetric Providers |
| title_sort | medicolegal review perinatal effexor lawsuits and legal strategies adverse to prescribing obstetric providers |
| topic | effexor pregnancy learned intermediary obstetric lawsuit liability informed consent |
| url | http://www.thieme-connect.de/DOI/DOI?10.1055/s-0039-1678723 |
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