Healthcare professionals should warn patients of the adverse effects of surgery, the used of medical equipment, prescription drugs and other related dangers that will harm and affect the functionality of the patient. Healthcare related duty to warn can be applied to manufacturers and producers of food and medicine products and/or medical equipment, with negative effects in consumptions and/or application. Examples of 3 sample situations which there is a healthcare related duty to warn patients or consumers are:
- A duty to warn of the negative consequences of smoking cigarettes. Tobacco smoking raises blood pressure, which can cause hypertension– a risk factor for heart attacks and stroke. Smoking worsens asthma and counteracts asthma medication by worsening the inflammation of the airways that the medicine tries to ease. Smokers are more likely to get cancer than non-smokers. This is particularly true of lung cancer, throat cancer and mouth cancer, which hardly ever affect non-smokers.
- A duty to warn of the negative consequences of steroids consumptions. High Blood Pressure – steroids increase the number of red blood cells. This, in turn, results in an increase in blood pressure. The second reason is the water retention caused by the aromatization of steroids to estrogen. High estrogen levels can result in water retention, water retention also results in elevated blood pressure; high cholesterol – steroids will frequently have an adverse effect on cholesterol – how much will vary depending on the steroid and the dosage as well as lifestyle Acne is a significantly varied side effect when it comes to steroids- it hits some users hard, some virtually not at all.
- A duty to warn of the negative consequences of the used and smoke of marijuana. Smoking marijuana has negative effects on lungs, heart and brain functionality. For example, smoking marijuana, even infrequently, can cause burning and stinging of the mouth and throat, and cause heavy coughing. Within a few minutes after smoking marijuana, the heart begins beating more rapidly and the blood pressure drops. Marijuana can cause the heart beat to increase by 20 to 50 beats per minute, and can increase even more if other drugs are used at the same time.
- Consumption of coffee can also prove negative consequences including caffeine effects and constipation. Caffeine causes a number of health problems including, but not limited to, sleep and anxiety disorders, elevated risks of Parkinson’s disease, elevated heart beat and stress, breathing problems in infants, and caffeine dependency syndrome. It is important to drink caffeinated beverages in moderation.
The learned intermediary doctrine is a principle of American personal injury law that provides that manufacturers of prescription drugs and medical devices discharge their duty of warning about a drug’s potentially harmful effects and by providing warnings to the prescribing physicians. The prescribing physician acts as a “learned intermediary” between manufacturer and consumer and has the primary responsibility of warning patients of the hazards of prescribed pharmaceutical products.
