Description

In the absence of specific legal provisions, damages resulting from the absorption or administration of a medicinal product are governed by the rules of ordinary civil liability law. This means that compensation for damage caused by these very high-tech products is subject to triple proof of fault, injury and a causal link. These are the conditions governing civil liability in the event of damage caused by a drug marketed by the manufacturer, prescribed by a doctor and dispensed by a pharmacist. A study of the positive law applicable to damage caused by medicinal products and, above all, the application of this law by case law in this area has shown that it does not provide sufficient protection for victims. However, the manufacturer or producer should not be the only one liable, because if a medicinal product is placed on the market with an economic aim, it is also placed on the market in the interest of the patient.