Can a physician be held liable for a patient's injuries by prescribing drugs?

California, United States of America


The following excerpt is from San Diego Hospital Assn. v. Superior Court, 30 Cal.App.4th 8, 35 Cal.Rptr.2d 489 (Cal. App. 1994):

In Carmichael v. Reitz (1971) 17 Cal.App.3d 958, 95 Cal.Rptr. 381, the court concluded a physician prescribing drugs could not be held strictly [30 Cal.App.4th 14] liable for a patient's injuries. (Id. at p. 979, 95 Cal.Rptr. 381.) The court distinguished those who are "mere conduits" for distributing a product to consumers and the physician who furnishes his services as a healer of illnesses. (Id. at pp. 978-979, 95 Cal.Rptr. 381.) In the first instance the essence of the transaction relates to the product being sold while in the second instance the physician is being paid for his professional services and skill in diagnosing and treating a patient and not for a product. (Ibid.)

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