Off label prescription and medical civil responsibility in pandemic times
a legal-detailed analysis of the disease COVID-19
DOI:
https://doi.org/10.29293/rdfg.v8i02.337Keywords:
Private Law. Medical Civil Liability. Off Label Prescription. Covid-19 Pandemic.Abstract
OBJECTIVE: This article offers a analysis of medical responsability for off label prescriptions in times of pandemic with a focus on the disease COVID-19.
METHOD: Under the legal-dogmatic methodological approach, using a bibliographic review for the construction of this work, with the analysis of artiches and national doctrine on the subject, using the hypothetical-inductive method.
RELEVANCE/ORIGINALITY: With the emergence of this and the mass use of uses outside the label of medicines, several legal disputes necessary to emerge from the doctor / pactient relationship, so that the presente study seeks to understand how a prescription occurs outside the label in Brazilian territory, analyze the paramertrs for lawful off-label uses in common times and discuss how the off-label prescription should be anlyzed in times of pandemic, identifying the requirements that would authorize such practice.
RESULTS: As a consequence, it is understood that the medical professional who observes certain possible for off-label prescription of medications during the COVID-19 pandemic should not suffer the consequneces of civil responsability, however, casustic anlyzes should bem ade for measurement of medical guilt.
THEORICAL / METHODOLOGICAL CONTRIBUITIONS: In common times, the rigor for off label uses must be diferente from that Applied in the times of pandemic.
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Copyright (c) 2021 Leonardo Aurélio Rodrigues Santos, Rainer Bomfim
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