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Statutory Compliance at Prescription of Medications with Restrictions to Use in Gestation and Lactation Periods

https://doi.org/10.15690/vsp.v18i4.2047

Abstract

Some medication instructions have records about the need of caution in case of management in pregnant women or during lactation period. Moreover the instructions do not have direct prohibition against drug administration during gestation and lactation periods. In this regard the legitimacy of such medications prescription to pregnant women or women during lactation period is questionable (even when physician thinks that there are indications for such therapy). Another question is legal responsibility of the physician in case of any adverse effects development. The evidence favouring legitimacy of physician actions on prescribing such medication are considered as well as the probability of physician prosecution to civil and criminal liability are analyzed in this article. Special attention should be given to the issue of recognition of physician actions as reasonable risk. The guidelines based on performed analysis have been developed. The implementation of this guidelines can significantly reduce the risks of physician legal exposure.

About the Authors

Polina G. Gabay
Faculty of Medical Law, LLC
Russian Federation

Moscow


Disclosure of interest:

Employee of LLC «Faculty of Medical Law» providing legal consulting services in the field of medical law, is the founder of LLC «Faculty of Medical Law»



Vasiliy V. Orlenko
Faculty of Medical Law, LLC
Russian Federation

Moscow


Disclosure of interest: Employee of LLC «Faculty of Medical Law» providing legal consulting services in the field of medical law


Review

For citations:


Gabay P.G., Orlenko V.V. Statutory Compliance at Prescription of Medications with Restrictions to Use in Gestation and Lactation Periods. Current Pediatrics. 2019;18(4):294-301. (In Russ.) https://doi.org/10.15690/vsp.v18i4.2047

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ISSN 1682-5527 (Print)
ISSN 1682-5535 (Online)