Need an argumentative essay on Legal and Ethical Issues in Management Paper. Needs to be 3 pages. Please no plagiarism.
The doctrine stipulates that the manufacturers of drugs prescribed by doctors and other necessary medical devices will perform their duties of caring for their patients through the provision of warnings to the physicians charged with the duty of administering the drugs. The manufacturer is therefore responsible for issuing warnings to the physicians concerning the usage of their drugs by patients.
This is mainly because the patients are not able to purchase the products directly from the manufacturers and must go through the physicians to obtain them (Strom, Kimmel & Hennessy, 2012).
The majority of the people believe that the rule on learned intermediaries should not apply to adverts that make the patients to become more informed and healthier. They also perceive adverts that include brief summaries which stipulate the risks involved in consuming different types of drugs (Mullner, 2005). However, the inclusion of brief summaries on the risks involved in consuming the drugs has been difficult for the manufacturers since this action would require more time along with spaces in the media. The high costs of attaining the above two factors in the media has made it very expensive for them to comply with the stipulations laid out by the rule (Strom, Kimmel & Hennessy, 2012). For instance, in the case of Perez v. Wyeth Laboratories Inc., in New Jersey, the courts decided that the doctrine on the learned intermediaries since the Norplant implants in the case had been advertised directly to the women consumers instead of the doctors. Since the drugs had been directly marketed to their customers, the defendants were absolved from any charges that had been brought against them (Mullner, 2005).
The dissenters on the issue claim that physicians should convey the relevant information concerning the risks in the drugs to their consumers. They additionally state that physicians are normally at the best position