Legal Question in Medical Malpractice in Michigan

Medical Treatment

If a physician uses a product that is not FDA approved for the exact condition, can he be sued for malpractice? For examply, a chemo drug is approved for cancer treatment of one specific site. Dr. uses it to treat another site. He is not charging ($$) the patient or insurance.


Asked on 3/23/09, 6:51 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Medical Treatment

A doctor who uses medications "off label" normally cannot be sued for malpractice. First, you'd have to show that the use caused a great deal of damage. Second, it is not uncommon for doctors to use meds "off-label" so the standard of care would not be breached. William S. Stern

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Answered on 3/23/09, 8:46 am


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