The Malaysian stakeholders were cautious about xenotransplantation. This study showed that their views regarding the application are complex and multifaceted.
In the realm of pharmaceutical liability, failure to warn or to provide sufficient information such as adverse reaction or allergies of pharmaceutical products may cause manufacturers to be liable under the traditional common law of tort for the harm or death it causes. This article shows that manufacturers of prescribed pharmaceutical products may escape such liability if information and warnings have been conveyed to physicians; a learned intermediary between the manufacturers and the patients. The learned intermediary rule acts as a defence mechanism for manufacturers of pharmaceutical products as the physician is deemed as an intervening force that breaks the chain of causation in the law of negligence. Hence, the main focus of this article is to examine whether Malaysian courts would accept such a defence if invoked by the manufacturers. The objective of the article is to analyze and identify the learned intermediary between the manufacturer of a prescribed pharmaceutical products and patients under the relevant Malaysian statutes, particularly Poison Act 1952 and Medicines
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.