It is not uncommon for healthcare practitioners to prescribe and dispense medications for off-label uses or dosages. As discussed earlier, it is not a violation of federal or state law to do so. However, deviating from a drug’s labeling can present civil liability concerns in the event of a bad outcome.

As you read this case, consider why it is that many drugs have off-label uses. What role does the product’s labeling play in determining liability?

Should patients be informed that the drug is being prescribed for an offlabel use?

Does the healthcare provider face a greater risk of liability when deviating from the labeling?

If so, how can that risk of liability be minimized?